PEOPLE v. HARRISON


57 N.Y.2d 470 (1982)

The People of the State of New York, Appellant, v. Nathaniel Harrison and Kevin Cabey, Respondents.

Court of Appeals of the State of New York.

Decided November 18, 1982.


Attorney(s) appearing for the Case

John J. Santucci, District Attorney (Michael J. Connolly of counsel), for appellant.

Jack L. Schiller for Nathaniel Harrison, respondent.

Chief Judge COOKE and Judges JONES, FUCHSBERG and MEYER concur with Judge WACHTLER; Judge JASEN dissents and votes to reverse in a separate opinion; Judge GABRIELLI taking no part.


WACHTLER, J.

Two related search and seizure questions are presented by this appeal. First, whether the use of a dirty rental car in the City of New York establishes reasonable suspicion, as a matter of law, that the occupants are engaged in criminal activity. Second, whether the police officers' actions in approaching the parked car, asking the driver for his license and registration and further ordering the...

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