People v. Garcia
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Acosta, J.
The issue in this case is whether the nervousness of occupants of a car stopped for a traffic infraction gives rise to a founded suspicion of criminality such that an officer’s question regarding the presence of weapons in the vehicle was permissible under the common-law right of inquiry. We hold that it does not.
On September 19, 2007, uniformed officers Cleri, Manning and Payton pulled over defendant’s Honda because its brake light was not working. There were five occupants in the car, two in the front and three in the back. Officer Manning’s testimony confirms…
2Cases cited14 opinions
- People v. De BourNew York Court of Appeals · 1976
- People v. HollmanNew York Court of Appeals · 1992
- People v. DodtNew York Court of Appeals · 1984
- People v. RobinsonNew York Court of Appeals · 1989
- People v. BanksNew York Court of Appeals · 1995
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3Cited by12 opinions
- People v. GarciaNew York Court of Appeals · 2012
- People v. NewmanAppellate Division of the Supreme Court of the State of New York · 2012
- People v. CavanaghAppellate Division of the Supreme Court of the State of New York · 2012
- People v. PurdyAppellate Division of the Supreme Court of the State of New York · 2013
- PURDY, ADAM, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
7 more not listed; retrieve them via the Exa API.