Legal Opinion
People v. Howard
New York Court of Appeals
Decided July 3, 1980PublishedCited by 395 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, 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 may 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…
2Cases cited40 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Johnson v. ZerbstSupreme Court of the United States · 1938
- United States v. MendenhallSupreme Court of the United States · 1980
- Delaware v. ProuseSupreme Court of the United States · 1979
35 more not listed; retrieve them via the Exa API.
3Cited by395 opinions
- People v. MendozaNew York Court of Appeals · 1993
- People v. MartinezNew York Court of Appeals · 1992
- People v. Ramirez-PortorealNew York Court of Appeals · 1996
- People v. CarrasquilloNew York Court of Appeals · 1981
- People v. LeungNew York Court of Appeals · 1986
390 more not listed; retrieve them via the Exa API.