Legal Opinion

Smith v. County of Nassau

New York Court of Appeals

Decided March 28, 1974PublishedCited by 77 opinions

1Opinion of the CourtRabin, J.

This action for false arrest and false imprisonment arises from plaintiff’s warrantless arrest by a police officer of the defendant after the victim of a felony identified plaintiff as his assailant. The question posed is whether, as a matter of law, this identification furnished reasonable cause for the officer’s belief that plaintiff committed the felony and thereby justified the warrantless arrest. The trial court submitted the issue of reasonable cause to the jury and a verdict was rendered for plaintiff. The Appellate Division reversed holding that as a matter of law there was reasonable…

2Cases cited8 opinions

  1. Burns v. . ErbenNew York Court of Appeals · 1869
  2. Schultz v. . Greenwood CemeteryNew York Court of Appeals · 1907
  3. Snead v. . BonnoilNew York Court of Appeals · 1901
  4. McLoughlin v. New York Edison Co.New York Court of Appeals · 1929
  5. Clark v. NanneryNew York Court of Appeals · 1944

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3Cited by77 opinions

  1. Broughton v. StateNew York Court of Appeals · 1975
  2. Hernandez v. United StatesCourt of Appeals for the Second Circuit · 2019
  3. Barr v. County of AlbanyNew York Court of Appeals · 1980
  4. Raysor v. Port Authority Of New York And New JerseyCourt of Appeals for the Second Circuit · 1985
  5. Veras v. Truth Verification Corp.Appellate Division of the Supreme Court of the State of New York · 1982

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