Legal Opinion

People v. Johnson

New York Court of Appeals

Decided July 7, 1972PublishedCited by 18 opinions

1Opinion of the Court

Order reversed and the information dismissed in the following memorandum: On the record before us, neither the stop nor the frisk of appellant was justified by reasonable suspicions on the part of the police. (Code Crim. Pro., § 180-a; Sibron v. New York, 392 U. S. 40; Terry v. Ohio, 392 U. S. 1.) Absent an articulable foundation for the entrenchment upon individual liberty and privacy which a stop and frisk entails, police suspicions remain merely ‘ ‘ hunches ’ ’ and are not reasonable within section 180-a of the Code of Criminal Procedure. (Cf. People v. Arthurs, 24 N Y 2d 688; People v.…

2Cases cited2 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Sibron v. New YorkSupreme Court of the United States · 1968

3Cited by18 opinions

  1. People v. De BourNew York Court of Appeals · 1976
  2. People v. AllendeNew York Court of Appeals · 1976
  3. People v. SanchezNew York Court of Appeals · 1975
  4. People v. BatingAppellate Division of the Supreme Court of the State of New York · 1975
  5. People v. TinsleyAppellate Division of the Supreme Court of the State of New York · 1975

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