§Why CasetextPricing

The People, Respondent,v.Joel Joseph, Appellant.

Brief

50 Cited authorities

  1. Draper v. United States

    358 U.S. 307 (1959)   Cited 2,689 times   1 Legal Analyses
    Holding that hearsay may be considered in determining the existence of probable cause, even if it would not be admissible in a criminal trial

  2. People v. De Bour

    40 N.Y.2d 210 (N.Y. 1976)   Cited 2,265 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.

  3. People v. Prochilo

    41 N.Y.2d 759 (N.Y. 1977)   Cited 1,600 times   2 Legal Analyses
    In People v Prochilo (41 N.Y.2d 759, 763), even though the police officer was able to observe a visibly heavy object in defendant Bernard's pocket, we ordered the gun suppressed, in part because the officer was completely unable to connect his observations with the presence of a weapon until after he had taken the impermissible step of reaching into the pocket.

  4. People v. Hollman

    79 N.Y.2d 181 (N.Y. 1992)   Cited 779 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

  5. People v. Martinez

    80 N.Y.2d 444 (N.Y. 1992)   Cited 410 times   1 Legal Analyses
    In Martinez, we acknowledged that the “[d]efendant had a right to refuse to respond to a police inquiry and his flight when the officers approached could not, in and of itself, create a reasonable suspicion of criminal activity” (id. at 448, 591 N.Y.S.2d 823, 606 N.E.2d 951 [citation omitted]).

  6. People v. Moore

    2006 N.Y. Slip Op. 1249 (N.Y. 2006)   Cited 255 times
    Beginning analysis with the "gunpoint stop" where officers acting on an anonymous tip had arrived at the scene and approached the defendant "who began to walk away"

  7. People v. McRay

    51 N.Y.2d 594 (N.Y. 1980)   Cited 495 times
    Recognizing that a glassine envelope is a "'telltale sign of heroin'" and that passing one in a "furtive or evasive" manner provides probable cause to arrest (quoting People v. Alexander, 333 N.E.2d 157, 158 (N.Y. 1975))

  8. People v. Johnson

    66 N.Y.2d 398 (N.Y. 1985)   Cited 374 times   1 Legal Analyses
    Rejecting Gates test for warrantless searches under state constitution

  9. People v. Carrasquillo

    54 N.Y.2d 248 (N.Y. 1981)   Cited 339 times
    In Carrasquillo the court held that the right of inquiry was triggered when the unkempt suspect, carrying a bag, made a quick turn. Only when the suspect gave a straightforward, co-operative, and plausible response to the inquiry and was brought to the police station did an improper detention occur.

  10. People v. Harrison

    57 N.Y.2d 470 (N.Y. 1982)   Cited 264 times
    In People v. Harrison (57 N.Y.2d 470, 476), the Court of Appeals held that: "Confining the occupants to the car, even temporarily, is at least equivalent to a stop.