PEOPLE v. TIRIBIO

Nos. 5736, 1020/07.

88 A.D.3d 534 (2011)

930 N.Y.S.2d 583

2011 NY Slip Op 7277

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GABRIEL TIRIBIO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 18, 2011.


The court properly denied defendant's suppression motion. Defendant's principal argument is that the police action was a full scale arrest requiring probable cause, rather than an investigative detention only requiring reasonable suspicion. However, the officers' display of their weapons, use of force to bring defendant to the ground, and application of handcuffs were precautionary measures that were justified by the circumstances and did not elevate the detention to an arrest...

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