PEOPLE v. ELAM


179 A.D.2d 229 (1992)

The People of the State of New York, Respondent, v. Walter Elam, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 28, 1992


Attorney(s) appearing for the Case

Caroline Rule of counsel (E. Joshua Rosenkranz, attorney), for appellant.

Karen Swiger of counsel (Susan L. Valle with her on the brief; Robert T. Johnson, District Attorney, attorney), for respondent.

MILONAS and ASCH, JJ., concur with MURPHY, P. J.; ASCH, J., also concurs in a separate opinion; SULLIVAN and ROSENBERGER, JJ., dissent in an opinion by SULLIVAN, J.


MURPHY, P. J.

The issue in this case is whether the police may stop and detain a motorist on suspicion of car theft simply because he or she drives a car with a broken window. We hold that they may not.

The defendant was observed by two police officers driving a vehicle with a broken rear vent window. Believing that the broken vent might be a sign that the car had been recently stolen, the officers conducted...

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