New York Court of Appeals

The People of the State of New York, Respondent v. Clive Spencer, Appellant

January 17, 199584 N.Y.2d 749

Summary

The Court of Appeals held that police may not stop a moving vehicle merely to request information about a suspect’s whereabouts without reasonable suspicion, deeming the stop an unreasonable Fourth Amendment seizure and ordering suppression of the discovered marijuana and firearm. The Court reversed the Appellate Division and dismissed the indictment. Justice Levine dissented, arguing the stop was reasonable and should be upheld.