Legal Opinion · Concurrence

The People v. Eric R. Johnson, The People v. John A. DiSalvo, The People v. Costandino Argyris

New York Court of Appeals

Decided November 25, 2014No. 210, No. 199, No. 198Published

1ConcurrenceAbdus-Salaam, J.

In considering the legality of police searches and seizures instigated by hearsay information under article I, § 12 of the Constitution of the State of New York, we have adhered to the Supreme Court’s mid-twentieth-century jurisprudence on hearsay tips as laid out in Aguilar v Texas (378 US 108 [1964]) and Spinelli v United States (393 US 410 [1969]). Thus, we have held that hearsay information cannot provide a police officer with probable cause to arrest an individual unless the hearsay report reveals a reliable basis for the informant’s knowledge and shows that the informant is generally…

2Cases cited33 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Illinois v. GatesSupreme Court of the United States · 1983
  3. Aguilar v. TexasSupreme Court of the United States · 1964
  4. Spinelli v. United StatesSupreme Court of the United States · 1969
  5. Adams v. WilliamsSupreme Court of the United States · 1972

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