New York Court of Appeals

The People of the State of New York v. Miguel Garcia

December 18, 201220 N.Y.3d 317

Summary

The New York Court of Appeals held that a police officer may not, without founded suspicion of criminal activity, ask occupants of a lawfully stopped vehicle whether they possess weapons. Applying the De Bour/Hollman framework, the Court affirmed the Appellate Division's suppression of the air guns and remanded for consideration of the inevitable discovery argument.