Latest Case: People v. Hinshaw (Civil Rights)

Shinzo Abe’s Biggest Failure Is His Greatest Legacy: Preservation of Japan’s Anti-Military Constitutional Provision

MICHAEL C. DORF

In response to the news that Japan’s Prime Minister Shinzo Abe resigned due to health reasons, Cornell law professor Michael C. Dorf comments on Abe’s efforts to amend Article 9 of Japan’s Constitution, which was imposed on the country by Supreme Allied Commander Douglas MacArthur after World War II. Dorf describes one bad reason and two good reasons that have been offered for a change in Article 9, but he argues that the case for retaining Article 9 is stronger.

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People v. Hinshaw

Citation: 2020 NY Slip Op 04816

Opinion Date: September 1, 2020

Judge: Wilson

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Court of Appeals held that the automobile stop in this case was unlawful and clarified the law of New York as it is presently understood by all four Appellate Division departments, holding that the Appellate Courts are unanimous in employing the elevated probable cause standard set forth in People v. Robinson, 97 NY2d 341 (2001), required for an officer to validly stop a vehicle for a Vehicle and Traffic violation. Defendant was charged with firearms-related and drug-related offenses. Defendant filed a motion to suppress, arguing that the trooper who stopped his vehicle lacked reasonable suspicion to do so. County Court denied suppression of the physical evidence, and the Appellate Division affirmed. The Court of Appeals reversed and ordered that Defendant's motion to suppress be granted in its entirety, holding that the trooper in this case lacked probable cause to believe that Defendant had committed a traffic violation and identified no credible facts establishing reasonable cause to believe that Defendant had violated a law.