Legal Opinion
People v. Bothwell
New York Supreme Court
Decided January 15, 1998Published
1Opinion of the Court
OPINION OF THE COURT
James A. Yates, J.
On January 12, 1996 two police officers assigned to a “quality of life” detail seized and then arrested Lyman Bothwell when they saw him holding an open Heineken bottle in a paper bag in front of a luncheonette. Incident to that seizure, they recovered 35 bags of crack cocaine. Mr. Bothwell has moved to suppress the evidence. He argues that a mere sighting of an open beer bottle in his hand, without more, does not justify a forcible seizure and, as a consequence, the drugs were illegally obtained by the police.
The arrest in this case was for an alleged…
2Cases cited11 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Thornhill v. AlabamaSupreme Court of the United States · 1940
- People v. De BourNew York Court of Appeals · 1976
- Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
- People v. MartinezNew York Court of Appeals · 1992
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