Legal Opinion
People v. Burns
New York Supreme Court
Decided April 3, 1989Published
1Opinion of the Court
OPINION OF THE COURT
Alan Broomer, J.
Defendant has moved to suppress a loaded gun recovered from a small nylon bag he was carrying. The facts that *263emerged after a hearing are deceptively simple and not in dispute. It is the absence of law on point that prompts this opinion. The question raised is whether a police "search” can be so minimally invasive as not to trigger Fourth Amendment protections. Under the facts of this case, the answer is yes.
THE FACTS
On August 25, 1987, at 8:15 p.m., Police Officer Roland Kloepfer, in civilian clothes and driving an unmarked department car, responded to a…
2Cases cited18 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Katz v. United StatesSupreme Court of the United States · 1967
- Delaware v. ProuseSupreme Court of the United States · 1979
- Beck v. OhioSupreme Court of the United States · 1964
- Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
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