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People v. Ventura (2010) – Case Brief Summary (New York)

In People v. Ventura (30 Misc 3d 587, 913 N.Y.S.2d 543 [2010]), the officers conducted a "vertical building check" and observed the defendant in the vestibule, thought the defendant might be a trespasser and asked him for identification and who he was visiting.

When the defendant could not identify who he was visiting, he was arrested for trespassing.

The Ventura court held that the request for information was based upon an objective, credible reason. The building had a history of drug activity and trespassing, and although defendant's activities were not necessarily indicative of criminality, the officer was warranted in making an inquiry to determine if defendant was legitimately in the building.