Home/New York Court of Appeals/People v. Smith

People v. Smith

367 N.E.2d 648, 42 N.Y.2d 961, 398 N.Y.S.2d 142, 1977 N.Y. LEXIS 2287
CourtNew York Court of Appeals
DecidedJuly 7, 1977
StatusPublished
Cited by19 cases

This text of 367 N.E.2d 648 (People v. Smith) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Smith, 367 N.E.2d 648, 42 N.Y.2d 961, 398 N.Y.S.2d 142, 1977 N.Y. LEXIS 2287 (N.Y. 1977).

Opinions

Memorandum. Order of the Appellate Division reversed, the motion to suppress granted, and the indictment dismissed. Connection with a rented automobile alone did not give the police sufficient cause to stop defendant. The use of the flashlight in the circumstances of this case which resulted in the discovery of the firearm and the drugs was an unwarranted intrusion into the interior of the vehicle. There was no basis for suspicion other than defendant’s prior presence in a rented car and his walking about the block. At best this gave the police by way of subjective "hunch” "cause” to investigate. Had it not been for the "hunch” the police would not have directed their attention to the interior of the car. They were not making a routine check of this or other parked cars, attended or unattended. Certainly, there was no inevitable discovery following a proper arrest, as in People v Fitzpatrick (32 NY2d 499, 506-507, cert den 414 US 1033), the authority cited by the Appellate Division for its affirmance. More applicable and precisely in point is People v Allende (39 NY2d 474), involving a seizure of a weapon in a parked automobile, except for the fact that in the Allende case the police approached defendant with drawn guns.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Riefler
195 A.D.2d 1024 (Appellate Division of the Supreme Court of New York, 1993)
People v. Manganaro
148 Misc. 2d 616 (New York Supreme Court, 1990)
People v. Baldanza
138 A.D.2d 722 (Appellate Division of the Supreme Court of New York, 1988)
People v. Rose
125 A.D.2d 727 (Appellate Division of the Supreme Court of New York, 1986)
People v. Bennett
121 A.D.2d 113 (Appellate Division of the Supreme Court of New York, 1986)
People v. Mejia
133 Misc. 2d 755 (New York Supreme Court, 1986)
People v. Robinson
115 A.D.2d 411 (Appellate Division of the Supreme Court of New York, 1985)
People v. Gilbert
115 A.D.2d 303 (Appellate Division of the Supreme Court of New York, 1985)
People v. Milaski
96 A.D.2d 963 (Appellate Division of the Supreme Court of New York, 1983)
People v. Alvarez
86 A.D.2d 807 (Appellate Division of the Supreme Court of New York, 1982)
People v. Price
431 N.E.2d 267 (New York Court of Appeals, 1981)
People v. Caldwell
107 Misc. 2d 62 (Appellate Terms of the Supreme Court of New York, 1980)
People v. Sciacca
78 A.D.2d 545 (Appellate Division of the Supreme Court of New York, 1980)
People v. Earley
76 A.D.2d 335 (Appellate Division of the Supreme Court of New York, 1980)
People v. Elwell
406 N.E.2d 471 (New York Court of Appeals, 1980)
People v. Duncan
75 A.D.2d 823 (Appellate Division of the Supreme Court of New York, 1980)
People v. Boodle
62 A.D.2d 966 (Appellate Division of the Supreme Court of New York, 1978)
People v. Rudasil
373 N.E.2d 286 (New York Court of Appeals, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
367 N.E.2d 648, 42 N.Y.2d 961, 398 N.Y.S.2d 142, 1977 N.Y. LEXIS 2287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-smith-ny-1977.