New York Court of Appeals

The People of the State of New York, Appellant v. David Holmes, Respondent

June 15, 199381 N.Y.2d 1056

Summary

The Court affirmed the Appellate Division's order granting the defendant's motion to suppress the crack cocaine evidence because the police pursuit was not justified by reasonable suspicion, rendering the seizure unlawful; a dissent argued the conviction should be reinstated. The majority held that flight alone, without more, does not justify a pursuit that significantly impinges on personal liberty.