32 Cited authorities

Terry v. Ohio
392 U.S. 1 (1968) Cited 38,110 times 73 Legal Analyses
Holding that a police officer who has reasonable suspicion of criminal activity may conduct a brief investigative stop
United States v. Cortez
449 U.S. 411 (1981) Cited 6,358 times 10 Legal Analyses
Holding that reasonable suspicion exists where an officer has "a particularized and objective basis for suspecting the particular person stopped of criminal activity"
Florida v. J. L.
529 U.S. 266 (2000) Cited 2,229 times 17 Legal Analyses
Holding an anonymous tip that a young black man in a plaid shirt was carrying a gun insufficient to create reasonable suspicion
Spinelli v. United States
393 U.S. 410 (1969) Cited 5,504 times 3 Legal Analyses
Holding that the "assertion of police suspicion" cannot save an otherwise insufficient warrant affidavit
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.
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.
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
People v. Bigelow
66 N.Y.2d 417 (N.Y. 1985) Cited 854 times 1 Legal Analyses
Rejecting the "good-faith exception" to the warrant requirement
People v. Cantor
36 N.Y.2d 106 (N.Y. 1975) Cited 700 times
Stating that officers are permitted to forcibly stop and detain a person for questioning where the officer has reasonable suspicion that a suspect has committed, is committing, or is about to commit a crime
People v. Concepcion
2011 N.Y. Slip Op. 5110 (N.Y. 2011) Cited 224 times
Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"

The People, Respondent,v.John A. DiSalvo, Appellant.

32 Cited authorities

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

Holding that reasonable suspicion exists where an officer has "a particularized and objective basis for suspecting the particular person stopped of criminal activity"

Holding an anonymous tip that a young black man in a plaid shirt was carrying a gun insufficient to create reasonable suspicion

Holding that the "assertion of police suspicion" cannot save an otherwise insufficient warrant affidavit

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

Rejecting the "good-faith exception" to the warrant requirement

Stating that officers are permitted to forcibly stop and detain a person for questioning where the officer has reasonable suspicion that a suspect has committed, is committing, or is about to commit a crime

Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"