People v. Newman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Acosta, J.
This case addresses the kind of showing that must be made to justify a limited intrusion into a vehicle whose occupants have been removed and patted down. Applying the search and seizure provisions of the New York Constitution (NY Const, art I, § 12), we hold that the police action at issue in this case was proper. *37We believe that defendant Newman’s deception in conjunction with his rather disconcerting movements understandably triggered the officers’ concerns that there could be a weapon in the car, which posed an “actual and specific danger.” Having sufficient…
2Cases cited23 opinions
- Michigan v. LongSupreme Court of the United States · 1983
- Pennsylvania v. MimmsSupreme Court of the United States · 1977
- Arizona v. GantSupreme Court of the United States · 2009
- Davis v. United StatesSupreme Court of the United States · 2011
- People v. SobotkerNew York Court of Appeals · 1978
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3Cited by10 opinions
- People v. DurhamAppellate Division of the Supreme Court of the State of New York · 2017
- People v. FrederickAppellate Terms of the Supreme Court of New York · 2014
- Jeremye Brown-Allen v. City of New York, et al.District Court, S.D. New York · 2026
- Newman v. VanceDistrict Court, S.D. New York · 2020
- Newman v. VanceDistrict Court, S.D. New York · 2021
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