People v. Davis
People v. Davis
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
In this case, defendant was a passenger upon a moped which was operated without license plates, at 2:30 a.m., in a high crime area. Neither defendant nor his companion could produce any form of identification. Upon the officer’s inquiry as to what was in a plastic bag in his possession, defendant removed a pair of pants from the bag, impliedly suggesting that the bag contained nothing else, whereupon a bulge appeared in the bottom of the bag from a heavy object within. The officer perceived the situation to be dangerous, and ordered defendant to place the bag on the ground. In the bag the officer discovered a .45 caliber weapon. We are presented with affirmed factual findings that the officer’s conduct was based upon reasonable suspicion under the circumstances, and that the officer perceived the situation to be a dangerous one. Accordingly, it cannot be said that the officer’s conduct was unwarranted as a matter of law.
Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander concur.
Order affirmed in a memorandum.
Reference
- Full Case Name
- The People of the State of New York v. Allen Davis
- Cited By
- 18 cases
- Status
- Published