law right inquiry in New York

2025Level two, the common law right of inquiry, allows an officer to further inquire and "interfere with a citizen to the extent necessary to gain explanatory information, but short of a forcible seizure" ( id. ).

2001Rather, they justified a “founded suspicion” that defendant may have been engaged in criminal activity, giving rise to a common law right of inquiry under People v De Bour ( 40 NY2d 210 ).

2025The Fourth Amendment's warrant requirement makes exceptions for searches incident to arrest ( Chimel v California , 395 US 752 [1969]), automobiles searches ( Carroll v United States , 267 US 132 [1925]), administrative searches ( Marshall v Barlow's, Inc. , 436 US 307 [1978]), inventory searches ( Colorado v Bertine, 479 US 367 [1987]), and the common law right of inquiry (a/k/a "stop and frisk") ( Terry v Ohio , 392 US 1 [1968]).

2025The Fourth Amendment's warrant requirement makes exceptions for searches incident to arrest ( Chimel v California , 395 US 752 [1969]), automobiles searches ( Carroll v United States , 267 US 132 [1925]), administrative searches ( Marshall v Barlow's, Inc. , 436 US 307 [1978]), inventory searches ( Colorado v Bertine, 479 US 367 [1987]), and the common law right of inquiry (a/k/a "stop and frisk") ( Terry v Ohio , 392 US 1 [1968]).

2025The Fourth Amendment's warrant requirement makes exceptions for searches incident to arrest ( Chimel v California , 395 US 752 [1969]), automobiles searches ( Carroll v United States , 267 US 132 [1925]), administrative searches ( Marshall v Barlow's, Inc. , 436 US 307 [1978]), inventory searches ( Colorado v Bertine, 479 US 367 [1987]), and the common law right of inquiry (a/k/a "stop and frisk") ( Terry v Ohio , 392 US 1 [1968]).

2025The Fourth Amendment's warrant requirement makes exceptions for searches incident to arrest ( Chimel v California , 395 US 752 [1969]), automobiles searches ( Carroll v United States , 267 US 132 [1925]), administrative searches ( Marshall v Barlow's, Inc. , 436 US 307 [1978]), inventory searches ( Colorado v Bertine, 479 US 367 [1987]), and the common law right of inquiry (a/k/a "stop and frisk") ( Terry v Ohio , 392 US 1 [1968]).

2025As a general principle, "[i]n considering whether the Fourteenth Amendment incorporates a protection contained in the Bill of Rights, we ask whether the right guaranteed—not each and every particular application of that right—is fundamental or deeply rooted" ( Timbs , 586 US at 156 ).

2025The Fourth Amendment's warrant requirement makes exceptions for searches incident to arrest ( Chimel v California , 395 US 752 [1969]), automobiles searches ( Carroll v United States , 267 US 132 [1925]), administrative searches ( Marshall v Barlow's, Inc. , 436 US 307 [1978]), inventory searches ( Colorado v Bertine, 479 US 367 [1987]), and the common law right of inquiry (a/k/a "stop and frisk") ( Terry v Ohio , 392 US 1 [1968]).

2001As a result of defendant’s flight upon the approach of the officers, and the additional suspicion engendered by it, the evidence met the level of reasonable suspicion, justifying pursuit (see, People v Atkins, 273 AD2d 12 , lv denied 95 NY2d 960 ).

2001That information provided the officer with at least a founded suspicion that criminal activity was afoot and gave rise to a common law right of inquiry (see, People v Pines, 281 AD2d 311, 312 , lv granted 96 NY2d 923 ; People v Turner, 275 AD2d 924 , lv denied 95 NY2d 939 ; see generally, People v Hollman, 79 NY2d 181, 184-185 ).

2001The flight of defendant, combined with those other specific circumstances indicative of criminality on his part, gave rise to reasonable suspicion justifying the officer’s pursuit of defendant (see, People v Turner, supra; People v Muldrow, 222 AD2d 1076 , lv denied 88 NY2d 882 ; see generally, People v Holmes, 81 NY2d 1056, 1057-1058 ).

2001That information provided the officer with at least a founded suspicion that criminal activity was afoot and gave rise to a common law right of inquiry (see, People v Pines, 281 AD2d 311, 312 , lv granted 96 NY2d 923 ; People v Turner, 275 AD2d 924 , lv denied 95 NY2d 939 ; see generally, People v Hollman, 79 NY2d 181, 184-185 ).

2001The flight of defendant, combined with those other specific circumstances indicative of criminality on his part, gave rise to reasonable suspicion justifying the officer’s pursuit of defendant (see, People v Turner, supra; People v Muldrow, 222 AD2d 1076 , lv denied 88 NY2d 882 ; see generally, People v Holmes, 81 NY2d 1056, 1057-1058 ).

1996In this case, Officer Frezzell’s identification through binoculars of a two-inch crack vial from an observation point at least 200 feet above the street in the dusk of a May evening, his inexplicable decision to take a dinner break instead of arresting a suspected drug seller leaving the area, his spontaneous postdinner identification of the defendant as a participant in drug sales viewed two hours earlier from a great distance and a steep vertical angle, and his well-rehearsed claim that he approached the defendant merely to exercise a common law right of inquiry, present a combination of cir

1994In response to an anonymous 911 call of "men with guns in a white van” in the area of 1153 Boston Road, during the evening hours of May 4, 1990, the uniformed officer and his partner properly approached the only parked white van in the area in furtherance of the common law right of inquiry (see, People v Chin, 192 AD2d 413 , lv denied 81 NY2d 1071 ).

1994Upon not seeing anyone seated in the front, the officer used his flashlight to illuminate the interior of the van, an act which does not constitute a search within the Fourth Amendment (People v Riefler, 195 AD2d 1024 , lv denied 82 NY2d 725 ).

1994The hearing court also properly found that defendant’s actions in dropping a bag containing contraband as he took his hands out of his pockets as directed, was not a calculated, voluntary abandonment, but a spontaneous reaction to improper police action (People v Boo dle, 47 NY2d 398, 404 , cert denied 444 US 969 ).

1994The hearing court also properly found that defendant’s actions in dropping a bag containing contraband as he took his hands out of his pockets as directed, was not a calculated, voluntary abandonment, but a spontaneous reaction to improper police action (People v Boo dle, 47 NY2d 398, 404 , cert denied 444 US 969 ).

1993Defendant’s calculated disavowal of any interest in the bag, unprompted by any illegal action by the police, constituted an abandonment thereof (People v Marrero, 173 AD2d 244, 245 , lv dismissed 78 NY2d 969 ).

1993In the instant case, a witness’ report of a mugging that occurred nearby provided Officer Burgess with such suspicion (People v Bora, 191 AD2d 384 ).

1993Defendant’s subsequent consent to the officer’s request to look into the bag he carried, grounded in defendant’s insistence that the bag was not his, cannot reasonably be viewed as coerced by any prior police action or question (see, People v Gonzalez, 39 NY2d 122, 128-130 ).