Legal Opinion
People v. Garcia
New York Court of Appeals
Decided December 18, 2012PublishedCited by 129 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
On this appeal, we must determine whether a police officer may, without founded suspicion for the inquiry, ask the occupants of a lawfully stopped vehicle if they possess any weapons. We answer in the negative and, in so holding, necessarily conclude that the graduated framework set forth in People *320v De Bour (40 NY2d 210 [1976]) and People v Hollman (79 NY2d 181 [1992]) for evaluating the constitutionality of police-initiated encounters with private citizens applies with equal force to traffic stops.
L
On September 19, 2007, shortly after 10:00 p.m., Police…
2Cases cited22 opinions
- Michigan v. LongSupreme Court of the United States · 1983
- Pennsylvania v. MimmsSupreme Court of the United States · 1977
- People v. De BourNew York Court of Appeals · 1976
- People v. HollmanNew York Court of Appeals · 1992
- New York v. ClassSupreme Court of the United States · 1986
17 more not listed; retrieve them via the Exa API.
3Cited by129 opinions
- People v. DealmeidaAppellate Division of the Supreme Court of the State of New York · 2015
- People v. HightowerAppellate Division of the Supreme Court of the State of New York · 2016
- People v. BanksAppellate Division of the Supreme Court of the State of New York · 2017
- People v. CarrAppellate Division of the Supreme Court of the State of New York · 2013
- People v. IssacAppellate Division of the Supreme Court of the State of New York · 2013
124 more not listed; retrieve them via the Exa API.