People v. Chestnut

New York Court of Appeals · Decided 1980-07-08

Cited by 199 later decision(s) in our corpus · see the citation network in Lexace

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Chief Judge Cooke (dissenting). In my view, when the police approach an individual with a drawn weapon, order him to freeze, and then direct him to lie face down on the ground, they have effected a seizure more intrusive than a traditional stop and frisk. Especially is this so where, as here, the officer states that he made an arrest. Thus, I feel compelled to dissent, for the relevant reasons stated in the dissenting opinion by Mr…

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