Legal Opinion

People v. Spencer

New York Court of Appeals

Decided January 17, 1995PublishedCited by 139 opinions

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

The question presented is whether the police may stop a moving vehicle in order to request information of the driver concerning the whereabouts of a criminal suspect. We conclude that the stop in this case was an unreasonable seizure within the meaning of the Fourth Amendment.

I

On May 17, 1989, Police Officers Edward Alongé and Donald Conceicao were on routine patrol in a marked radio car when they received a radio report that a woman had been assaulted with a gun by her boyfriend the previous day. At 11:20 p.m., the officers picked up the complainant and, with…

2Cases cited13 opinions

  1. Delaware v. ProuseSupreme Court of the United States · 1979
  2. Adams v. WilliamsSupreme Court of the United States · 1972
  3. Brown v. TexasSupreme Court of the United States · 1979
  4. People v. De BourNew York Court of Appeals · 1976
  5. United States v. HensleySupreme Court of the United States · 1985

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3Cited by139 opinions

  1. People v. RobinsonNew York Court of Appeals · 2001
  2. People v. OcasioNew York Court of Appeals · 1995
  3. State v. FairOregon Supreme Court · 2013
  4. People v. NicodemusAppellate Division of the Supreme Court of the State of New York · 1998
  5. Matter of Muhammad F.New York Court of Appeals · 1999

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