People v. Elam
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Murphy, P. J.
The issue in this case is whether the police may stop and detain a motorist on suspicion of car theft simply because he or she drives a car with a broken window. We hold that they may not.
The defendant was observed by two police officers driving a vehicle with a broken rear vent window. Believing that the broken vent might be a sign that the car had been recently stolen, the officers conducted a radio check of the car’s license plates. The check, however, failed to disclose that there had been any report of the car’s theft. Although their suspicions had thus…
2Cases cited7 opinions
- People v. CantorNew York Court of Appeals · 1975
- People v. IngleNew York Court of Appeals · 1975
- BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
- People v. SobotkerNew York Court of Appeals · 1978
- People v. VasquezNew York Court of Appeals · 1985
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3Cited by16 opinions
- State v. BrittonSupreme Court of Minnesota · 2000
- People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2005
- People v. MayAppellate Division of the Supreme Court of the State of New York · 2008
- People v. TurriagoAppellate Division of the Supreme Court of the State of New York · 1996
- United States v. Wendell T. JacksonCourt of Appeals for the D.C. Circuit · 1997
11 more not listed; retrieve them via the Exa API.