[DOWNLOAD] "People State New York v. George Tinsley" by Supreme Court of New York " Book PDF Kindle ePub Free

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• Title: People State New York v. George Tinsley
• Author : Supreme Court of New York
• Release Date : January 10, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

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[48 A.D.2d 779 Page 779] The observations of defendant's conduct giving rise to the police officers' suspicion that defendant and his companions were looking for an appropriate place to commit robbery are stated in the dissent. The trial court credited the police officer's testimony. On the force seven years and assigned to the special anti-crime unit for two years, he had observed the pattern of conduct followed by the defendant and his two friends countless times, followed by 20 robbery arrests of persons engaged in such pattern of conduct. The record amply justifies the trial court's finding that the police officers acted as men of reasonable caution and had probable cause to follow the defendant and his friends and eventually stop and frisk them for weapons. Courts should not be blind to what is happening in our streets every day. We should learn from experience. As stated in Brinegar v United States (338 U.S. 160, 175): ""In dealing with probable cause * * * as the very name implies, we deal with probabilities. These are not technical; they are factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act."" And as the police officer in Terry v Ohio (392 U.S. 1, 21) this officer was ""able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant [the] intrusion."" See, also, People v Rivera (14 N.Y.2d 441, cert den 379 U.S. 978), wherein the Court of Appeals upheld the seizure and immediate frisk of individuals who had approached a bar and grill in a high crime area at about 1:30 a.m., looked in the window, continued to walk a few steps, returned to the window, looked towards the police officers (who were in civilian clothes and sitting in an unmarked car), and walked quickly away. Based on their observations, these street-wise members of the special anti-crime unit, in the light of their expertise had probable cause to conclude that these three youths were intent on mischief. (See People v Powell, 36 A.D.2d 177, affd 30 N.Y.2d 634.) Stevens, P. J., and Markewich, J., dissent in the following memorandum by Stevens, P. J.:

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