The People of the State of New York v. Neville Robinson

Summary

The Court of Appeals held that the Fourth Amendment permits police to order a passenger, as well as the driver, to step out of a vehicle that was lawfully stopped for a traffic violation, applying the rationale of Pennsylvania v. Mimms to all occupants. The loaded handgun visible in plain view after defendant exited was therefore properly admitted, and the Appellate Division order affirming the conviction and denial of suppression was affirmed. Judge Alexander, dissenting in an opinion joined by Judges Kaye and Titone, would have suppressed the gun, arguing Mimms as clarified by New York v. Class requires some individualized suspicion focusing on the passenger.