Legal Opinion

In re Darryl C.

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

Decided June 26, 2012Published

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

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. People v. De BourNew York Court of Appeals · 1976
  4. People v. CantorNew York Court of Appeals · 1975
  5. People v. RiveraNew York Court of Appeals · 1964

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