[Download] "People v. Fred Brown" by Supreme Court of New York ~ Book PDF Kindle ePub Free

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Title: People v. Fred Brown
Author : Supreme Court of New York
Release Date : January 20, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

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DECISION & ORDER The defendant's contention that there was no probable cause to support his arrest and subsequent search,
during which inculpatory evidence was discovered, is without merit. Probable cause to arrest exists if the facts and circumstances
known to the arresting officer would lead a reasonable person possessing the same expertise as the arresting officer to conclude
that it is more probable than not that the suspect has committed or is committing a crime (see, People v Bigelow, 66 N.Y.2d
417, 423; People v Carrasquillo, 54 N.Y.2d 248, 254). Here, the arresting police officer received a radio communication reporting
a burglary in progress at 77 Groton Street. While driving to that location, he observed the defendant about three houses
from that address. The officer recognized the defendant as a man he had arrested for a burglary only a few months earlier.
When the defendant saw the police car, he quickened his pace. The officer made a U-turn, drove up behind the defendant, and
called him over. He noticed colored glass and lead fragments in the defendant's hair. He was also aware of other burglaries
in the area where entry had been gained by breaking stained-glass windows. He asked the defendant to stand against the car
and gave him a quick "safety frisk" for weapons; none were found. While this frisk was taking place, the police officer received
a radio call from a fellow police officer which confirmed that the residence in question had been broken into and that entry
had been gained by breaking a stained-glass window. The defendant was then placed under arrest and searched. Under all these
circumstances, we find the arrest and search were supported by probable cause. Disposition ORDERED that the judgment is affirmed.