Legal Opinion · Dissent

People v. Bowden

Appellate Division of the Supreme Court of the State of New York

Decided August 4, 2011Published

1Dissent

Tom, J.E, and Freedman, J.,

dissent in a memorandum by Tom, J.E, as follows: Supreme Court properly suppressed a handgun and ammunition recovered from a bag defendant Latisha Bowden dropped upon being detained at gunpoint by police. While her activities provided a founded suspicion that criminality was afoot so as to warrant the exercise of the common-law right to inquire, they fell short of providing the reasonable suspicion that defendant was committing or about to commit a crime necessary to support a forcible stop and detention that might have justified the warrantless search of her…

2Cases cited13 opinions

  1. People v. De BourNew York Court of Appeals · 1976
  2. Silverman v. United StatesSupreme Court of the United States · 1961
  3. People v. HowardNew York Court of Appeals · 1980
  4. People v. Ramirez-PortorealNew York Court of Appeals · 1996
  5. People v. GoodfriendNew York Court of Appeals · 1984

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