Legal Opinion

People v. Carney

New York Court of Appeals

Decided December 15, 1982PublishedCited by 34 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Cooke.

A suspect may not be frisked by a police officer who has no knowledge of facts that would provide a basis for suspecting that the individual is armed or dangerous. The absence of such circumstances leads to the conclusion that the search here was unreasonable as a matter of law and, *53therefore, the order of the Appellate Division should be reversed.

Shortly before midnight on January 4, 1974, two black men armed with a shotgun attempted to rob a liquor store, shooting the owner while doing so. Officer John Morris went to the scene, but found that other…

2Cases cited6 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Adams v. WilliamsSupreme Court of the United States · 1972
  3. People v. BenjaminNew York Court of Appeals · 1980
  4. People v. MooreNew York Court of Appeals · 1973
  5. People v. GreenNew York Court of Appeals · 1974

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

3Cited by34 opinions

  1. People v. MendozaNew York Court of Appeals · 1993
  2. People v. BatistaNew York Court of Appeals · 1996
  3. People v. AlomarNew York Court of Appeals · 1999
  4. People v. RussNew York Court of Appeals · 1984
  5. People v. StromanAppellate Division of the Supreme Court of the State of New York · 2013

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

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