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eBook details

• Title: People State New York v. Miguel Torres
• Author : Court of Appeals of New York
• Release Date : January 11, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

[74 N.Y.2d 224 Page 226] Opinion OF THE COURT A police officer acting on reasonable suspicion that criminal activity is afoot and on an articulable
basis to fear for his own safety may intrude upon the person or personal effects of the suspect only to the extent that is
actually necessary to protect himself from harm while he conducts the inquiry authorized by CPL 140.50 (1). In People v Lindsay
(72 N.Y.2d 843, 845), we left open the question whether under article I, § 12 of our State Constitution such an intrusion
may extend to items within the passenger compartment of the suspects' vehicle solely on the theory that "if the suspect is
not placed under arrest, he will be permitted to re-enter his automobile, and will then have access to any weapons inside"
(Michigan v Long, 463 U.S. 1032, 1052). Having been squarely presented with the issue by the parties' submissions on this
appeal, we now answer that question in the negative and hold that, despite the Supreme Court's approval of such intrusions
in Michigan v Long (supra), our more protective State constitutional provisions prohibit them under the circumstances presented
here (NY Const, art I, § 12).

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