Legal Opinion

People v. Caicedo

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 2010PublishedCited by 13 opinions

1Opinion of the Court

In order to justify a frisk or “pat-down” of a suspect’s outer clothing, a police officer must have “knowledge of some fact or circumstance that supports a reasonable suspicion that the suspect is armed or poses a threat to safety” (People v Batista, 88 NY2d 650, 654 [1996]; see People v De Bour, 40 NY2d 210, 223 [1976]; CPL 140.50 [1], [3]). Contrary to the defendant’s contention, the police officer who attempted to pat down his right jacket pocket had reason to suspect that he was armed (see People v Mims, 32 AD3d 800 [2006]; People v Robinson, 278 AD2d 808, 809 [2000]; People v Pettis, 195…

2Cases cited6 opinions

  1. People v. De BourNew York Court of Appeals · 1976
  2. People v. BatistaNew York Court of Appeals · 1996
  3. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2000
  4. People v. MimsAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by13 opinions

  1. People v. DavenportAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. ShulerAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. DriscollAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. GoldsonAppellate Division of the Supreme Court of the State of New York · 2016

8 more not listed; retrieve them via the Exa API.

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