#ABKLaw IN THE NEWS: HON. BARRY KAMINS New York Law Journal / Law.com: A Return to Independent State Constitutionalism
“The Court of Appeals recently added to its rich and diverse history of decisions that have afforded greater protection to New York citizens in the area of search and seizure than that provided under federal constitutional standards. In this edition of his Criminal Law and Procedure column, Barry Kamins discusses the two recent decisions, ‘People v. Gordon’ and ‘People v. Hinshaw’.
On two occasions in the last six months, the Court of Appeals in People v. Gordon, 2021 N.Y. Slip Op 01093 (2021) and People v. Hinshaw, 35 N.Y.3d 427 (2020), added to the court’s rich and diverse history of decisions which have afforded greater protection to New York citizens in the area of search and seizure than that provided under federal constitutional standards.
In Gordon and Hinshaw, the Court of Appeals has returned to independent state constitutionalism as a means of affording greater protection to New York citizens than federal law. Former Supreme Court Justice William J. Brennan, in a well-known law review article (State Constitutionalism and the Protection of Individual Rights, 90 Harv. L. Rev. 489 (1977)) once challenged state courts to use their authority as independent interpreters of state constitutions to offer greater security for individual rights than the U.S. Constitution. Beginning in the 1980s and now in Gordon and Hinshaw, the Court of Appeals continues to meet that challenge.”
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Barry Kamins, a partner at Aidala, Bertuna & Kamins and author of New York Search and Seizure (Lexis/Nexis 2020), is a former New York Supreme Court Judge.
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