People v. Stanley Hardee

Decided On : 11/16/2017
AD1 order dated January 22, 2013, affirming judgment of conviction.  Decision below: 126 AD3d 626, 5 NYS3d 430.  Acosta, J. (AD dissenter), granted leave June 18, 2015. (Taken off SSM.)
 
ISSUE PRESENTED: Whether, under People v. Torres - - which allows police to conduct a protective search of a car only where the officers (1) have reasonable suspicion to believe a crime has been committed and (2) have an articulable basis to fear for their own safety - - police may search a car when the driver has committed a traffic infraction - - not a crime, there by failing to meet prong one of the Torres rule.  (Assigned counsel: Rachel T. Goldberg & Robert S. Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor, NYC 10005.)

Related Information:
People v Hardee