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· 2/29/2024

Barese v. Erie & Niagara Ins. Assn.

Citations

  • 2024 NY Slip Op 01133

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that this experience may not be used to give the officers unbridled discretion in making a stop
  • collecting cases in which characteristics of area, for example, known as drug or alien smuggling area, is factor in determining reasonable suspicion
  • “Permissible deductions or rational inferences must be grounded in objective facts and be capable of rational explanations.”
  • “[A]voidance of eye contact has been deemed an inappropriate factor to consider unless special circumstances make innocent avoidance of eye contact improbable.”
  • “[A]voidance of eye contact has been deemed an inappropriate factor to consider unless special circumstances make innocent avoidance of eye contact improbable.”
  • no founded suspicion where defendant and passengers \sat in the vehicle silently staring ahead when the car carrying DEA agents approached\ and defendant appeared nervous

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.