People v. Wharton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mollen, J.
We find that the police officers did not have reasonable cause to believe that the defendant had committed a crime when they frisked, handcuffed and arrested him. Consequently, we affirm.
*293The sole testimony adduced in the course of the hearing was that of the two police officers who arrested the defendant. They testified, in substance, that while driving on Parkway Drive, Elmont, they noticed a blue plastic bag on a grass mall near the Cross Island Parkway. Upon examination, they found that the bag contained power tools. They believed the tools to be the product…
2Cases cited10 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- People v. De BourNew York Court of Appeals · 1976
- People v. CantorNew York Court of Appeals · 1975
- People v. RiveraNew York Court of Appeals · 1964
- People v. CorradoNew York Court of Appeals · 1968
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3Cited by8 opinions
- Greene v. BrownDistrict Court, E.D. New York · 1982
- Fitzpatrick v. RosenthalAppellate Division of the Supreme Court of the State of New York · 2006
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1993
- People v. QuattrachiAppellate Division of the Supreme Court of the State of New York · 1978
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1987
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