28 Cited authorities

Illinois v. Wardlow
528 U.S. 119 (2000) Cited 5,089 times 32 Legal Analyses
Holding "refusal to cooperate, without more, does not furnish the minimal level of objective justification needed for a detention or seizure." (quoting Florida v. Bostick, 501 U.S. 429, 437 (1991))
United States v. Sharpe
470 U.S. 675 (1985) Cited 3,180 times 6 Legal Analyses
Holding that twenty-minute detention was not unreasonable where the officer pursued the investigation "in a diligent and reasonable manner" and did "not involve any delay unnecessary to the legitimate investigation"
United States v. Ventresca
380 U.S. 102 (1965) Cited 3,899 times 6 Legal Analyses
Holding that affidavits for search warrants must be interpreted in a "commonsense and realistic fashion" because they "are normally drafted by nonlawyers in the midst and haste of a criminal investigation"
United States v. Salvucci
448 U.S. 83 (1980) Cited 1,690 times 2 Legal Analyses
Holding that a defendant could not benefit from the unconstitutional search of the apartment of his co-defendant's mother
Brinegar v. United States
338 U.S. 160 (1949) Cited 5,587 times 9 Legal Analyses
Holding that "[p]robable cause to believe certain items will be found in a specific location is a `practical, nontechnical conception,' that need not be based on direct, first-hand, or `hard' evidence."
United States v. Crews
445 U.S. 463 (1980) Cited 1,105 times 4 Legal Analyses
Holding that the record supported the conclusion that a witness's courtroom identification of a defendant rested on an independent recollection of her initial encounter of the assailant uninfluenced by the pretrial identification
United States v. Rabinowitz
339 U.S. 56 (1950) Cited 1,567 times
Holding that the test "is not whether it is reasonable to procure a search warrant, but whether the search was reasonable"
People v. De Bour
40 N.Y.2d 210 (N.Y. 1976) Cited 2,271 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. Hicks
68 N.Y.2d 234 (N.Y. 1986) Cited 547 times 2 Legal Analyses
Determining when a de facto arrest has taken place requires looking to "what a reasonable man, innocent of any crime, would have thought had he been in the defendant's position"
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]).

The People, Appellant,v.William Brown, Respondent.

28 Cited authorities

Holding "refusal to cooperate, without more, does not furnish the minimal level of objective justification needed for a detention or seizure." (quoting Florida v. Bostick, 501 U.S. 429, 437 (1991))

Holding that twenty-minute detention was not unreasonable where the officer pursued the investigation "in a diligent and reasonable manner" and did "not involve any delay unnecessary to the legitimate investigation"

Holding that affidavits for search warrants must be interpreted in a "commonsense and realistic fashion" because they "are normally drafted by nonlawyers in the midst and haste of a criminal investigation"

Holding that a defendant could not benefit from the unconstitutional search of the apartment of his co-defendant's mother

Holding that "[p]robable cause to believe certain items will be found in a specific location is a `practical, nontechnical conception,' that need not be based on direct, first-hand, or `hard' evidence."

Holding that the record supported the conclusion that a witness's courtroom identification of a defendant rested on an independent recollection of her initial encounter of the assailant uninfluenced by the pretrial identification

Holding that the test "is not whether it is reasonable to procure a search warrant, but whether the search was reasonable"

Determining when a de facto arrest has taken place requires looking to "what a reasonable man, innocent of any crime, would have thought had he been in the defendant's position"

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]).