Legal Opinion · Dissent

People v. Davis

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

Decided September 15, 1987Published

1Dissent

Ellerin, J. (dissenting).

I cannot agree that the ambiguous circumstance of a taxicab proceeding with its "bright lights up” is a sufficient predicate, without more, to justify a full scale search and seizure of the cab and its passengers. In so holding here, the majority appears to have ignored the carefully crafted standards governing the permissible parameters of police intrusion which are designed to strike a reasonable balance between the government’s interest in law enforcement and the predominating constitutional concern with safeguarding the privacy and security of every person against…

2Cases cited10 opinions

  1. People v. De BourNew York Court of Appeals · 1976
  2. People v. CantorNew York Court of Appeals · 1975
  3. People v. IngleNew York Court of Appeals · 1975
  4. People v. HowardNew York Court of Appeals · 1980
  5. People v. AllendeNew York Court of Appeals · 1976

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