In re Darryl C.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Tom, J.P.
The law imposes a strict standard for a stop and frisk, requiring an officer to have a reasonable suspicion of an individual’s involvement in criminal activity (CPL 140.50 [1]; People v De Bour, 40 NY2d 210, 223 [1976]) and then “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]; CPL 140.50 [3]). The motion court erred in holding that a police officer exercising the common-law right to inquire without a reasonable suspicion of criminal…
2Cases cited17 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- People v. De BourNew York Court of Appeals · 1976
- People v. CantorNew York Court of Appeals · 1975
- People v. RiveraNew York Court of Appeals · 1964
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