U.S. v. PEREZ

No. CR 89-408 (ADS).

732 F.Supp. 347 (1990)

UNITED STATES of America, Plaintiff, v. Victor PEREZ, Defendant.

United States District Court, E.D. New York.

March 9, 1990.


Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., E.D. New York, Brooklyn, N.Y. by Daniel F. De Vita, for plaintiff.

Charles Lavine, Forest Hills, N.Y., for defendant.


MEMORANDUM AND ORDER

SPATT, District Judge.

The instant motion raises the issue of whether a defendant was "reasonably" stopped and frisked within the dictates of the Fourth Amendment to the United States Constitution where the sole basis for the stop was the fact that the defendant was in proximity to or accompanied a person about whom the police had a particularized reasonable basis to stop and/or probable cause to arrest. Because the instant record is...

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