Legal Opinion
People v. Small
Criminal Court of the City of New York
Decided June 30, 1989PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Bruce Allen, J.
This case presents a troublesome issue: can there be probable cause to arrest a suspected drug seller when the police officer does not actually see the vials of crack which he believes are being exchanged? Based on the particular facts and circumstances of this case, I find that probable cause exists.
The facts are straightforward and may be stated simply. Officer Michael Brummet, the sole witness at the suppression hearing, was highly experienced in narcotics work. Prior to this case he had made approximately 100 arrests, 40 to 50 of which involved drug…
2Cases cited10 opinions
- Henry v. United StatesSupreme Court of the United States · 1959
- People v. McRayNew York Court of Appeals · 1980
- People v. OdenNew York Court of Appeals · 1975
- People v. BittnerAppellate Division of the Supreme Court of the State of New York · 1983
- People v. MooreNew York Court of Appeals · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. ShawAppellate Division of the Supreme Court of the State of New York · 1993
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1992
- People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1993
- People v. WayNew York Supreme Court · 1990
- People v. BrockingtonAppellate Division of the Supreme Court of the State of New York · 1991
1 more not listed; retrieve them via the Exa API.