Legal Opinion
People v. Dunbar
New York Court of Appeals
Decided October 20, 2005PublishedCited by 14 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The suppression court, affirmed by the Appellate Division, held that the police did not have a founded suspicion that criminal activity was afoot, as needed in order to engage in the more extended, accusatory questioning attendant to a common-law inquiry. As we held in People v Hollman (79 NY2d 181, 191-192 [1992]), a consent to search will not be upheld unless the request to search is supported by a founded suspicion of criminality (see also People v Tejeda, 217 AD2d 932 [4th Dept 1995]; People v Carter,…
2Cases cited5 opinions
- People v. HollmanNew York Court of Appeals · 1992
- People v. TejedaAppellate Division of the Supreme Court of the State of New York · 1995
- People v. CarterAppellate Division of the Supreme Court of the State of New York · 1993
- People v. BoydAppellate Division of the Supreme Court of the State of New York · 1993
- People v. AlstonAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by14 opinions
- People v. PackerAppellate Division of the Supreme Court of the State of New York · 2008
- People v. LeivaAppellate Division of the Supreme Court of the State of New York · 2006
- People v. OldacreAppellate Division of the Supreme Court of the State of New York · 2008
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2022
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2017
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