Legal Opinion
People v. DiFalco
New York Court of Appeals
Decided February 25, 1993PublishedCited by 80 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
Based on information provided by an identified person, the police stopped the car defendant was driving, arrested defendant and a passenger, and seized cocaine found inside the car. The issue here is whether the veracity component of the Aguilar/Spinelli test for the adequacy of probable cause may — as indicated in People v Elwell (50 NY2d 231) — be satisfied by police corroboration of details that are not, if taken separately, suggestive of criminal activity. We hold that, in this case, the informant’s veracity was established by such details. The order of…
2Cases cited12 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Aguilar v. TexasSupreme Court of the United States · 1964
- Spinelli v. United StatesSupreme Court of the United States · 1969
- United States v. HarrisSupreme Court of the United States · 1971
- People v. BigelowNew York Court of Appeals · 1985
7 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- MTR. OF ABDUR-RAHEEM v. MannNew York Court of Appeals · 1995
- People v. EdwardsNew York Court of Appeals · 2000
- State of Tennessee v. Jerry Lewis TuttleTennessee Supreme Court · 2017
- People v. SudlerAppellate Division of the Supreme Court of the State of New York · 2010
- People v. WolfeAppellate Division of the Supreme Court of the State of New York · 2013
75 more not listed; retrieve them via the Exa API.