People v. Wheeler

61 A.D.2d 737 · Appellate Division of the Supreme Court of New York, First Department · February 2, 1978

Summary

The defendant was convicted of robbery in the first degree after a television set was seized from him. The defendant argued that the initial stop by the police was unlawful and that the evidence obtained thereafter should be suppressed. The majority of the court affirmed the conviction, while the dissenting judge argued that the police did not have reasonable suspicion to stop the defendant. The case revolves around the issue of reasonable suspicion for a stop and the admissibility of evidence obtained after the stop.

Holdings

  1. The police did not exceed their authority; the stop was justified by reasonable suspicion based on the defendant’s behavior and the contemporaneous radio broadcast.
  2. The seizure was lawful because the television was in plain view on a public street after a lawful stop.

Questions Presented

  1. Whether the police exceeded their authority in stopping and questioning the defendant without reasonable suspicion
  2. Whether the seizure of the television set was lawful under the plain view doctrine

Disposition

affirmed

Cases Cited (5)

  • People v. Cantor, 36 N.Y.2d 106 (1975)
  • People v. King, 50 A.D.2d 521 (1977)
  • People v. Davis, 36 N.Y.2d 280 (1975)
  • People v. Lakin, 21 A.D.2d 902 (1965)
  • People v. Anonymous, 48 Misc. 2d 713 (1972)

Cited In (0)

No citing cases on record yet.

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