New York Court of Appeals, 1985

People v. Davis

New York Court of Appeals · Decided May 2, 1985

64 N.Y.2d 1143; 480 N.E.2d 339; 490 N.Y.S.2d 725; 1985 N.Y. LEXIS 15855

Cases that cite this one

18 later published cases cite this decision.

People v. Hill (Appellate Division of the Supreme Court of New York 1991)
People v. Graham (Appellate Division of the Supreme Court of New York 2015)
In re Jakwon R. (Appellate Division of the Supreme Court of New York 2013)
People v. Shuler (Appellate Division of the Supreme Court of New York 2012)
People v. Shuler (Appellate Division of the Supreme Court of New York 2012)
People v. Shackleford (Appellate Division of the Supreme Court of New York 2008)
People v. Holmes (Appellate Division of the Supreme Court of New York 2007)
People v. Broome (Appellate Division of the Supreme Court of New York 1992)
People v. Torres (N.Y. 1989)
People v. Wilson (Appellate Division of the Supreme Court of New York 1989)
People v. Jones (Appellate Division of the Supreme Court of New York 1988)
People v. Vullis (Appellate Division of the Supreme Court of New York 1987)
People v. Larkins (Appellate Division of the Supreme Court of New York 1986)
People v. Lewis (Appellate Division of the Supreme Court of New York 1986)
Tepperman v. New York City Transit Authority (Civil Court of the City of New York 1986)
People v. Brooks (N.Y. 1985)
People v. McNatt (N.Y. 1985)
People v. Roth (N.Y. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*1144On this appeal, it is argued that a police officer’s instruction to defendant to place a plastic bag in his possession on the ground, and the officer’s subsequent search of the bag, were unsupported by reasonable suspicion as a matter of law. Reasonable suspicion involves a mixed question of law and fact, which is beyond the review powers of this court if there is evidence adduced at the suppression hearing which supports the determination made by the courts below. (People v Harrison, 57 NY2d 470, 477.)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.