18 Cited authorities

  1. 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.
  2. 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.
  3. People v. Ramirez

    88 N.Y.2d 99 (N.Y. 1996)   Cited 526 times   1 Legal Analyses
    Finding the fellow officer rule provides that even if an arresting officer lacks personal knowledge sufficient to establish probable cause, the arrest will be lawful if the officer acts upon the direction of or as a result of communication with a superior or fellow officer or another police department provided that the police as a whole were in possession of information sufficient to constitute probable cause
  4. People v. Howard

    50 N.Y.2d 583 (N.Y. 1980)   Cited 415 times   1 Legal Analyses
    Noting flight plus indicia of criminal activity, such as another arrest, may create probable cause under Section 195.05
  5. People v. Benjamin

    51 N.Y.2d 267 (N.Y. 1980)   Cited 382 times
    In People v Benjamin (51 N.Y.2d 267), a police officer responded to a radio run of men with guns at a specific location.
  6. People v. Holmes

    81 N.Y.2d 1056 (N.Y. 1993)   Cited 199 times   1 Legal Analyses
    Holding that police observation of an "unidentified bulge" in defendant's jacket pocket, in a "known narcotics location," taken together with defendant's flight, justified an information request but not police pursuit
  7. People v. Sierra

    83 N.Y.2d 928 (N.Y. 1994)   Cited 185 times   1 Legal Analyses
    In Sierra, we found no reasonable suspicion to pursue a fleeing defendant where “the officers knew only that, after exiting from the back seat of a livery cab that had been stopped for defective brake lights, defendant grabbed at his waistband” (id. [emphasis added]).
  8. People v. Pines

    99 N.Y.2d 525 (N.Y. 2002)   Cited 75 times
    In People v. Pines (99 N.Y.2d 525, affg 281 A.D.2d 311), police officers, on patrol in an unmarked car in a drug prone area, observed the defendant "looking around nervously" as he walked with his companion.
  9. People v. Riddick

    70 A.D.3d 1421 (N.Y. App. Div. 2010)   Cited 56 times   2 Legal Analyses

    No. KA 06-03426. February 11, 2010. Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered August 17, 2006. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree (two counts). TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (WILLIAM CLAUSS OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL C. GREEN, DISTRICT ATTORNEY, ROCHESTER (GEOFFREY KAEUPER OF COUNSEL),

  10. People v. Cady

    103 A.D.3d 1155 (N.Y. App. Div. 2013)   Cited 29 times
    In People v. Cady, 103 AD3d 1155 (4th Dept 2013), two officers were patrolling in the area of Avenue D and Hudson Street in the City of Rochester, engaging people who might have information regarding the shooting of a police officer a few blocks from that location.