People v. Finlayson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mollen, P. J.
These appeals present the question of when, if ever, a police officer may detain at gunpoint an individual whom he reasonably suspects of having committed a crime. Our determination necessarily depends upon a delicate balance between the individual’s right to personal liberty and society’s legitimate expectation that its police officers may carry out their official functions free from unreasonable risk of death or personal harm. We turn first to a review of the pertinent facts.
At approximately 9:00 p.m. on August 10, 1977, Joseph Baxter was alone at a Hess gas…
2Cases cited50 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Mapp v. OhioSupreme Court of the United States · 1961
- Carroll v. United StatesSupreme Court of the United States · 1925
- Brinegar v. United StatesSupreme Court of the United States · 1949
- United States v. MendenhallSupreme Court of the United States · 1980
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3Cited by105 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1984
- People v. LivigniAppellate Division of the Supreme Court of the State of New York · 1982
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 1984
- People v. AfrickAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MondelloAppellate Division of the Supreme Court of the State of New York · 1993
100 more not listed; retrieve them via the Exa API.