Legal Opinion · Dissent

People v. Key

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

Decided May 28, 1981Published

1DissentFein, J.

Rejecting the findings of the suppression Justice, the majority has concluded that under the circumstances of this case, the officer had a right to order the driver out of his car and to produce his license and registration. In Pennsylvania v Mimms (434 US 106, 111, n 6), the Supreme Court very recently laid down the guide: “Contrary to the suggestion in the dissent of our Brother Stevens, post, at 122, we do not hold today that ‘whenever an officer has an occasion to speak with the driver of a vehicle, he may also order the driver out of the car.’ We hold only that once a motor vehicle has…

2Cases cited18 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. Pennsylvania v. MimmsSupreme Court of the United States · 1977
  4. People v. De BourNew York Court of Appeals · 1976
  5. People v. IngleNew York Court of Appeals · 1975

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