Legal Opinion

People v. Taveras

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

Decided March 22, 1990PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Carro, J.

This appeal concerns whether defendant’s fundamental right to be free from unlawful search and seizure was violated by the police, or, restated, whether the particular police conduct was inappropriate.1 Under the circumstances presented herein, the correct conclusion is that the police conduct was unlawful and trampled defendant’s constitutional rights.

The facts in this case are relatively simple. On October 26, 1988, Police Officers Thomas Hovagim and Wilfredo Occasio were in their RMP patrolling in the vicinity of West 172nd Street and Broadway. At 3:00 p.m.,…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Dunaway v. New YorkSupreme Court of the United States · 1979
  4. People v. De BourNew York Court of Appeals · 1976
  5. People v. SeabergNew York Court of Appeals · 1989

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

3Cited by18 opinions

  1. People v. DeJesusAppellate Division of the Supreme Court of the State of New York · 1991
  2. State v. GilesAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. MimsAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. BarretoAppellate Division of the Supreme Court of the State of New York · 1990
  5. In re D'Angelo H.Appellate Division of the Supreme Court of the State of New York · 1992

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

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