New York Court of Appeals

The People of the State of New York v. Nathaniel Harrison and Kevin Cabey

November 18, 198257 N.Y.2d 470

Summary

The New York Court of Appeals affirmed the lower courts, holding that the occupants of a dirty rental car did not create reasonable suspicion of criminal activity and that ordering the occupants to remain in the vehicle constituted a stop requiring reasonable suspicion, which was lacking. The dissent argued that an objective credible reason, not reasonable suspicion, sufficed for the police inquiry.