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Getting v. Simon

13 N.Y.2d 1057 Court N.Y. Decision date 1963-11-27 English

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p. 1057
In the Matter of Harold J. Getting, Doing Business as Midtown Detective and Investigation Bureau, Appellant, v. Caroline K. Simon, as Secretary of State of the State of New York, Respondent.
Submitted November 25, 1963;
decided November 27, 1963.

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States, viz.: Appellant contended that the “ request ” served upon him by respondent constituted an unlawful search under the Fourth Amendment, impermissible compulsion under the Fifth Amendment and a violation of due

p. 1058
process under the Fourteenth Amendment to the Constitution of the United States. The Court of Appeals held that appellant’s constitutional rights were not violated. [See 13 N Y 2d 964 .]

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