People v. Heston
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed on the law, motion denied, and indictment reinstated. Memorandum: The court erred in granting defendant’s motion to suppress tangible evidence (marihuana, cocaine and a billy club) on the ground that it was the product of an illegal stop and seizure of defendant and his passenger. The suppression court erroneously treated the officer’s approach of defendant’s vehicle as a "stop” that had to be supported by reasonable suspicion. The mere approach of an occupied parked car for inquiry is a minimal intrusion which is not the equivalent of a stop (see, People v…
2Cases cited9 opinions
- New York v. BeltonSupreme Court of the United States · 1981
- Pennsylvania v. MimmsSupreme Court of the United States · 1977
- People v. De BourNew York Court of Appeals · 1976
- People v. IngleNew York Court of Appeals · 1975
- People v. HarrisonNew York Court of Appeals · 1982
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2005
- People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2003
- People v. EvansAppellate Division of the Supreme Court of the State of New York · 1991
- People v. HaggrayAppellate Division of the Supreme Court of the State of New York · 1991
- People v. EdmundAppellate Division of the Supreme Court of the State of New York · 1991
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