Legal Opinion · Dissent

People v. Hill

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

Decided May 25, 2017No. 2401 2742/11Published

1DissentGesmer, J.

Identification is a necessity for navigating daily life in contemporary society. Accordingly, I would find that the police officers’ retention of defendant’s identification while they undertook an investigation was a significant limitation on his freedom, and thus elevated their encounter with defendant to a seizure. Since the People did not argue that the officers’ actions were justified by a reasonable suspicion of criminal conduct, I would grant defendant’s motion to suppress the crack cocaine recovered from him, reverse his conviction, and dismiss the indictment.

*632BACKGROUND

Defendant was…

2Cases cited32 opinions

  1. Florida v. BostickSupreme Court of the United States · 1991
  2. California v. Hodari D.Supreme Court of the United States · 1991
  3. People v. De BourNew York Court of Appeals · 1976
  4. People v. HollmanNew York Court of Appeals · 1992
  5. People v. HowardNew York Court of Appeals · 1980

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