Legal Opinion · Dissent

People v. Berry

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

Decided May 27, 1982Published

1DissentCarro, J.

“An individual to whom a police officer addresses a question has a constitutional right not to respond. He may remain silent or walk or run away. His refusal to answer is not a crime. Though the police officer *59may endeavor to complete the interrogation, he may not pursue, absent probable cause to believe that the individual has committed, is committing, or is about to commit a crime, seize or search the individual or his possessions, even though he ran away. Nor when the individual, cornered by his pursuers in the basement of a building and while looking for a way out of the basement, drops…

2Cases cited18 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Carroll v. United StatesSupreme Court of the United States · 1925
  4. Brinegar v. United StatesSupreme Court of the United States · 1949
  5. Delaware v. ProuseSupreme Court of the United States · 1979

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