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Legal Opinion

People v. West

New York Court of Appeals

Decided March 23, 1978PublishedCited by 57 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the indictment dismissed.

To establish probable cause based upon an informant’s tip, whether for issuance of a search warrant or for a warrantless arrest and search conducted in exigent circumstances, it must be shown that the informant is credible or reliable, and also that he had a sufficient basis for concluding that the subject of the tip is engaged in illegal activities. (See Aguilar v Texas, 378 US 108, 114; People v Wirchansky, 41 NY2d 130, 131; People v Hanlon, 36 NY2d 549, 556; People v Castro,…

2Cases cited7 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. People v. HanlonNew York Court of Appeals · 1975
  3. People v. CorradoNew York Court of Appeals · 1968
  4. People v. HendricksNew York Court of Appeals · 1969
  5. People v. SlaughterNew York Court of Appeals · 1975

2 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. People v. BigelowNew York Court of Appeals · 1985
  2. People v. ElwellNew York Court of Appeals · 1980
  3. People v. RodriguezNew York Court of Appeals · 1981
  4. People v. BennetteNew York Court of Appeals · 1982
  5. People v. CampbellNew York Court of Appeals · 1988

52 more not listed; retrieve them via the Exa API.

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