27 Cited authorities

  1. People v. De Bour

    40 N.Y.2d 210 (N.Y. 1976)   Cited 2,064 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 1,519 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. Hollman

    79 N.Y.2d 181 (N.Y. 1992)   Cited 727 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. Benjamin

    51 N.Y.2d 267 (N.Y. 1980)   Cited 360 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.
  5. People v. Berrios

    28 N.Y.2d 361 (N.Y. 1971)   Cited 479 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

  6. People v. Ortiz

    90 N.Y.2d 533 (N.Y. 1997)   Cited 194 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.
  7. People v. Torres

    74 N.Y.2d 224 (N.Y. 1989)   Cited 201 times   3 Legal Analyses
    In People v. Torres (74 N.Y.2d 224, 226), we explained that "[a] police officer acting on reasonable suspicion that criminal activity is afoot and on an articulable basis to fear for his own safety may intrude upon the person or personal effects of the suspect only to the extent that is actually necessary to protect himself from harm."
  8. People v. Garcia

    2012 N.Y. Slip Op. 8670 (N.Y. 2012)   Cited 101 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).
  9. People v. Batista

    88 N.Y.2d 650 (N.Y. 1996)   Cited 126 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 189 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."