Legal Opinion

People v. Banks

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

Decided March 16, 2017Published

1Dissent

Garry, J.R

(dissenting). We respectfully dissent. At the outset, it bears noting that defendant was ultimately detained by the state troopers for roughly one half hour before the canine officer was requested. We fully agree with the majority that the initial traffic stop was valid, and that the trooper was permitted to contact defendant’s parole officer and ask defendant for this contact information. We dissent because defendant’s parole status and his response to the request for his parole officer’s phone number did not give rise to a founded suspicion of criminality, and there was no…

Also in this document: Concurrence.

2Cases cited15 opinions

  1. United States v. SharpeSupreme Court of the United States · 1985
  2. People v. De BourNew York Court of Appeals · 1976
  3. People v. HollmanNew York Court of Appeals · 1992
  4. People v. SobotkerNew York Court of Appeals · 1978
  5. People v. GarciaNew York Court of Appeals · 2012

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