People v. Hare

The trial court’s implicit acceptance of the police officer’s testimony supports a finding that defendant’s spoken accusation of crime, levelled against the police officer in a public place, together with the technical battery of placing his finger on the officer’s chest and then reaching for the police officer’s pocket, evinced an intention and constituted an attempt to carry out an unlawful citizen search (if not seizure) by force of the person of the police officer, albeit not in violation of a constitutionally protected right. Whether these rapidly unfolding acts of defendant be regarded…