[Download] "People v. Lathon Wider" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Lathon Wider
- Author : Supreme Court of New York
- Release Date : January 01, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
DECISION & ORDER While the police radio transmission which provided information about shots being fired at a particular
location and the defendant's flight may not have separately justified pursuit by the police officer responding to the scene,
these two factors, taken together, gave rise to a reasonable suspicion sufficient to justify that pursuit (see, People v
Leung, 68 N.Y.2d 734; see also, People v Benjamin 51 N.Y.2d 267; People v Ennis, 158 A.D.2d 467; People v Hill, 127 A.D.2d
144). Thus, in People v Benjamin (supra), it was held that a radio report of "men with guns" at a specified location would
give officers the common-law right to inquire and, when considered in conjunction with other supportive facts, supported reasonable
suspicion justifying intrusive police action. Here, the report of shots fired, the quick response time (the officers arrived
at the location within two or three minutes of receiving the report), the officers' observation of a group of men at the specified
location, one of whom matched the description given in the report and the defendant's flight even before an officer exited
the car, all combined to provide justification for the pursuit of the defendant (see, People v Ellis, 157 A.D.2d 797; People
v Grimsley, 156 A.D.2d 714; People v Kimble, 153 A.D.2d 591). In the course of pursuit, the defendant turned around, revealing an Uzi submachine gun which appeared to be pointing at Police
Officer Shanahan. At that point, the officers had probable cause to arrest (CPL 140.10; People v DeBour, 40 N.Y.2d 223). The
seizure of the submachine gun and the drugs recovered during a search of the defendant's person immediately after he was arrested
was, therefore proper (see, People v Leung, supra).