Legal Opinion

People v. Livigni

Appellate Division of the Supreme Court of the State of New York

Decided August 23, 1982PublishedCited by 43 opinions

1Opinion of the Court

OPINION OF THE COURT

Mangano, J.

A narrow question is presented by this appeal, viz., is it reasonable under the Fourth and Fourteenth Amendments to the United States Constitution for a police officer, while standing beside a motor vehicle in the course of investigating a traffic infraction, to order a passenger out of the vehicle at gunpoint because of the officer’s observation of an empty gun holster in plain view in the passenger compartment of the vehicle. We answer in the affirmative.

*387On May 13, 1980, at approximately 11:45 a.m., while on patrol in an unmarked car, Police Officer Richard…

2Cases cited16 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Adams v. WilliamsSupreme Court of the United States · 1972
  4. Dunaway v. New YorkSupreme Court of the United States · 1979
  5. United States v. RobinsonSupreme Court of the United States · 1973

11 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. People v. RobinsonNew York Court of Appeals · 1989
  2. State v. SmithSupreme Court of New Jersey · 1994
  3. State v. CobbsNew Mexico Court of Appeals · 1985
  4. People v. McLaurinNew York Court of Appeals · 1987
  5. People v. LivigniNew York Court of Appeals · 1983

38 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API