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 New York Court of Appeals affirmed the Appellate Division’s order granting the defendant’s motion to suppress the crack cocaine bag and dismissing the indictment, holding that the police pursuit was not justified by reasonable suspicion. The Court noted that flight alone, even with a bulging pocket, does not satisfy the reasonable suspicion standard, and the dissent argued the conviction should be reinstated.