Tolentino v. New York

Holding: The Court dismissed the writ of certiorari as improvidently granted and therefore did not decide whether pre-existing identity-related governmental documents are subject to the exclusionary rule when they are obtained as the direct result of police action violative of the Fourth Amendment.

Plain English Holding: The Court dismissed the writ of certiorari as improvidently granted and therefore did not decide whether a defendant’s identity must be suppressed when it is discovered as a result as a violation of the Fourth Amendment.

Judgment: The writ of certiorari is dismissed as improvidently granted. on March 29, 2011.

Briefs and Documents

Merits Briefs

• Brief for Petitioner Jose Tolentino
• Brief of Respondent State of New York
• Reply brief for Petitioner Jose Tolentino

Amicus Briefs

• Brief for the American Intellectual Property Law Association in Support of Respondent
• Brief for the Electronic Privacy Information Center in Support of Petitioner
• Brief of the Criminal Justice Legal Foundation in Support of Respondent
• Brief for the New York State Association of Chiefs of Police, Inc. and The New York State Sheriffs’ Association Institute, Inc. in Support of Respondent
• Brief for the States of Massachusetts, Alabama, Alaska, Colorado, Delaware, Florida, Hawaii, Idaho, Indiana, Louisiana, Maryland, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Wisconsin, and Wyoming in Support of Respondent
• Brief of the United States in Support of the Respondent

Certiorari-stage documents

• Opinion below (Court of Appeals of New York)
• Petition for certiorari (unavailable)
• Brief in opposition (unavailable)
• Petitioner's reply brief (unavailable)