People v. Bora

The essential issue in this case is whether a request by a policeman to "stop” made to an individual who begins to walk away after the police approach to question him pursuant to their common-law right of inquiry, constitutes a "seizure” of that individual in violation of his rights under article I (§ 12) of the New York State Constitution and the provisions of CPL 140.50, and the common law of this State (see, People v Hollman, 79 NY2d 181, 194-195).

Under the facts of this case, the action by the police did not constitute a seizure under the Fourth Amendment of the US Constitution. While the…