37 Cited authorities

Miranda v. Arizona
384 U.S. 436 (1966) Cited 60,290 times 64 Legal Analyses
Holding that statements obtained by custodial interrogation of a criminal defendant without warning of constitutional rights are inadmissible under the Fifth Amendment
Whren v. United States
517 U.S. 806 (1996) Cited 8,608 times 38 Legal Analyses
Holding that, upon observing traffic violation, officer may stop vehicle regardless of his subjective motivations, "as long as the circumstances, viewed objectively, justify that action"
Terry v. Ohio
392 U.S. 1 (1968) Cited 38,165 times 73 Legal Analyses
Holding that a police officer who has reasonable suspicion of criminal activity may conduct a brief investigative stop
Berkemer v. McCarty
468 U.S. 420 (1984) Cited 5,541 times 15 Legal Analyses
Holding that "routine" traffic stops are not custodial for Miranda purposes but that if a motorist is "subjected to treatment that renders him ‘in custody’ for practical purposes, he will be entitled to the full panoply of protections prescribed by Miranda "
Rhode Island v. Innis
446 U.S. 291 (1980) Cited 6,135 times 12 Legal Analyses
Holding that a police officer's subjective intent to obtain incriminatory statements is not relevant to determining whether an interrogation has occurred
Davis v. United States
512 U.S. 452 (1994) Cited 3,049 times 25 Legal Analyses
Holding "the suspect must unambiguously request counsel."
Pennsylvania v. Mimms
434 U.S. 106 (1977) Cited 3,369 times 15 Legal Analyses
Holding that officer's practice of ordering occupants out of the car during all traffic stops was not a constitutional violation
People v. Lopez
71 N.Y.2d 662 (N.Y. 1988) Cited 2,855 times 3 Legal Analyses
In Lopez, the New York Court of Appeals recognized "the rare case" where a defendant's plea allocution "casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea[.]"
People v. De Bour
40 N.Y.2d 210 (N.Y. 1976) Cited 2,271 times 6 Legal Analyses
In People v. LaPene, 352 N.E.2d 562 (N.Y. 1976), the New York Court of Appeals laid out a sliding scale of justifiable police intrusion, short of probable cause to arrest, which specified three distinct levels of intrusion correlating the allowable intensity of police conduct to the nature and weight of the facts precipitating the intrusion.
People v. Hollman
79 N.Y.2d 181 (N.Y. 1992) Cited 780 times 4 Legal Analyses
Holding that reasonable suspicion was required before narcotics officers could approach a passenger in a bus terminal and ask for permission to search the person's bag
Section 1814 - Cigarette and tobacco products tax
N.Y. Tax Law § 1814 Cited 51 times
Attempting to evade or defeat tax imposed on cigarettes

The People, Appellant,v.Ricky D. Gates, Respondent.

37 Cited authorities

Holding that statements obtained by custodial interrogation of a criminal defendant without warning of constitutional rights are inadmissible under the Fifth Amendment

Holding that, upon observing traffic violation, officer may stop vehicle regardless of his subjective motivations, "as long as the circumstances, viewed objectively, justify that action"

Holding that a police officer who has reasonable suspicion of criminal activity may conduct a brief investigative stop

Holding that "routine" traffic stops are not custodial for Miranda purposes but that if a motorist is "subjected to treatment that renders him ‘in custody’ for practical purposes, he will be entitled to the full panoply of protections prescribed by Miranda "

Holding that a police officer's subjective intent to obtain incriminatory statements is not relevant to determining whether an interrogation has occurred

Holding "the suspect must unambiguously request counsel."

Holding that officer's practice of ordering occupants out of the car during all traffic stops was not a constitutional violation

In Lopez, the New York Court of Appeals recognized "the rare case" where a defendant's plea allocution "casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea[.]"

Holding that reasonable suspicion was required before narcotics officers could approach a passenger in a bus terminal and ask for permission to search the person's bag

Attempting to evade or defeat tax imposed on cigarettes