Legal Opinion

People v. Torres

Appellate Division of the Supreme Court of the State of New York

Decided March 13, 1986PublishedCited by 28 opinions

1Opinion of the Court

OPINION OF THE COURT

Carro, J. P.

People v Howard (50 NY2d 583, 586) established the following principles of law: "An individual to whom a police officer addresses a question has a constitutional right not to respond. He may remain silent or walk or run away. His refusal to answer is not a crime. Though the police officer may endeavor to complete the interrogation, he may not pursue, absent probable cause to believe that the individual has committed, is committing, or is about to commit a crime, seize or search the individual or his possessions, even though he ran away. Nor when the individual,…

2Cases cited7 opinions

  1. People v. De BourNew York Court of Appeals · 1976
  2. Ybarra v. IllinoisSupreme Court of the United States · 1980
  3. People v. HowardNew York Court of Appeals · 1980
  4. People v. BenjaminNew York Court of Appeals · 1980
  5. People v. BoodleNew York Court of Appeals · 1979

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

3Cited by28 opinions

  1. People v. GrantAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. AllenAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. McFaddenAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. LeeAppellate Division of the Supreme Court of the State of New York · 1987
  5. People v. CarringtonAppellate Division of the Supreme Court of the State of New York · 1991

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

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