Mains v. United States (1980)
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· 158 citation events
across 18 courts.
Showing the 8 strongest citers on record
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People v. Ordine (1987)
The police had probable cause to believe that a crime had been committed and that the defendant had committed it (cf., People v Carrasquillo, supra; but see, People v Chestnut, 51 NY2d 14 , cert denied 449 US 1018 ).
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Duaut A. Duamutef v. John O'keefe, Superintendent, Gouverneur Correctional Facility Thomas Skipper B. Huckeba (1996)
See, e.g., Nickers v. White, 622 F.2d 967, 971 (8th Cir.), cert. denied, 449 U.S. 1018 , 101 *25 S.Ct. 581, 66 L.Ed.2d 478 (1980); Edwards v. White, 501 F.Supp. 8, 11-13 (M.D.Pa.1979), aff'd 633 F.2d 209 , 212 (3d Cir.1980).
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Darrin Money v. Dick Moore, Jerry Bolin, George Lombardi, James Purkett, Rich W. Wray, David Harris, and Cran… (1989)
See Nickens v. White, 622 F.2d 967 , 969 n. 2 (8th Cir.), cert. denied, 449 U.S. 1018 , 101 S.Ct. 581 , 66 L.Ed.2d 478 (1980).
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People v. Williams (2003)
The fact that the police officers drew their guns on defendant and then handcuffed him does not necessarily convert a detention into an arrest (see People v Allen, 73 NY2d 378, 379-380 [1989]; see also People v Chestnut, 51 NY2d 14, 21 [1980], cert denied 449 US 1018 [1980]; People v Dluhy, 288 AD2d 693 , 694 [2001], lv denied 97 NY2d 728 [2002], cert denied 537 US 978 [2002]; People v Bennett, 189 AD2d 924, 925 [1993]).
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People v. Wellington (2011)
Furthermore, based on the report that shots had been fired at the scene, “the police had a reasonable basis for believing defendant to be armed, and they were justified in approaching him with their guns drawn” (People v Brown, 127 AD2d 674, 674 [1987]; see People v Chestnut, 51 NY2d 14, 21 [1980], cert denied 449 US 1018 [1980]; People v Sledge, 225 AD2d 711 [1996]).
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State v. Taparra (1996)
Under a plain reading of HRS § 641-16 (1993), 10 an appellate court has the discretion to affirm, reverse, or modify the sentence of a trial court in a criminal case on appeal ‘“as in its opinion the facts and law warrant.’” State v. Toro, 77 Hawai'i 340, 344 , 884 P.2d 403, 407 (App.), cert. denied, 77 Hawai'i 489 , 889 P.2d 66 (1994); see State v. LeVasseur, 1 Haw.App. 19, 30 , 613 P.2d 1328 , cert. denied, 449 U.S. 1018 , 101 S.Ct. 582 , 66 L.Ed.2d 479 (1980), reh’g denie…
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People v. Reid (1991)
We disagree and find that the police officer’s stop of the vehicle in which the defendant was traveling was not improper (see, People v De Bour, 40 NY2d 210, 215 ; People v Basket, 159 AD2d 711 ; see also, People v Chestnut, 51 NY2d 14, 21 , cert denied 449 US 1018 ; cf., People v Yiu C.
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People v. Larkins (1986)
It was premised upon a reasonable fear that defendant may have been armed (see, People v Roth, 66 NY2d 688 ; People v Davis, 64 NY2d 1143 ; cf. Sibron v New York, 392 US 40 ) and was, in our view, appropriate in order "to ensure that the result of [any] inquiry would not be a hail of bullets” (People v Sterling, 63 AD2d 210, 215 ; see also, People v Chestnut, 51 NY2d 14 , cert denied 449 US 1018 [1980]).