27 Cited authorities

  1. People v. De Bour

    40 N.Y.2d 210 (N.Y. 1976)   Cited 2,269 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 1,601 times   2 Legal Analyses
    Upholding a weapons frisk based on an officer's observation of an item in a man's pocket that "struck him immediately as . . . 'the outline of a gun'"
  3. 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
  4. People v. Berrios

    28 N.Y.2d 361 (N.Y. 1971)   Cited 600 times   1 Legal Analyses

    Argued March 2, 1971 Decided May 12, 1971 Appeal from the Supreme Court in the First Judicial Department, NEAL P. BOTTIGLIERI, J., WALTER H. GLADWIN, J., NICHOLAS F. DELAGI, J., DENNIS EDWARDS, JR., J., LOUIS SCHRIFIN, J. Appeal from the Supreme Court for the Second and Eleventh Judicial Districts of the Second Judicial Department, ALLEN BELDOCK, J., ALBERT R. MURRAY, J. Donald H. Zuckerman, Milton Adler, William E. Hellerstein, Lewis B. Oliver, Jr., Carol Berkman and William A. Nelson for appellants

  5. People v. Benjamin

    51 N.Y.2d 267 (N.Y. 1980)   Cited 383 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. Garcia

    2012 N.Y. Slip Op. 8670 (N.Y. 2012)   Cited 147 times   2 Legal Analyses
    In Garcia, where the Court of Appeals affirmed the Appellate Division's determination that the police lacked the requisite founded suspicion when, upon stopping a vehicle for a mere defective brake light, an officer asked if any of the occupants had a weapon (see People v Garcia, 20 NY3d at 324).
  7. People v. Ortiz

    90 N.Y.2d 533 (N.Y. 1997)   Cited 202 times   3 Legal Analyses
    In People v. Ortiz, 90 NY2d 533, 537 (1997), the Court of Appeals has provided guidance concerning the allocation of proof concerning show up identifications.
  8. People v. Torres

    74 N.Y.2d 224 (N.Y. 1989)   Cited 212 times   3 Legal Analyses
    Rejecting Supreme Court's expansive view of "stop and frisk" procedures as applied to automobiles
  9. People v. Batista

    88 N.Y.2d 650 (N.Y. 1996)   Cited 143 times   1 Legal Analyses
    Defining a “frisk” as a “pat down of the outer clothing of a suspect”
  10. People v. Chestnut

    51 N.Y.2d 14 (N.Y. 1980)   Cited 190 times
    In People v Chestnut (51 N.Y.2d 14, 23 [1980], cert denied 449 U.S. 1018 [1980]), the Court of Appeals applied the principles discussed in Prochilo, warning that, "in this difficult area of street encounters between private citizens and law enforcement officers, [courts must not] attempt to dissect each individual act by the policemen; rather, the events must be viewed and considered as a whole, remembering that reasonableness is the key principle when undertaking the task of balancing the competing interests presented."