The following excerpt is from People v. Fenti, 57 Misc.3d 471, 62 N.Y.S.3d 887 (N.Y. Cty. Ct. 2017):
It is well settled that the stop of an automobile by police constitutes a "seizure" for purposes of the Fourth Amendment ( People v. Spencer, 84 N.Y.2d 749, 622 N.Y.S.2d 483, 646 N.E.2d 785 [1995] ; People v. May, 81 N.Y.2d 725, 593 N.Y.S.2d 760, 609 N.E.2d 113 [1992] ). Police stops of automobiles are permissible where the police have probable cause to believe that the driver of an automobile has committed a traffic violation ( People v. Guthrie, 25 N.Y.3d 130, 8 N.Y.S.3d 237, 30 N.E.3d 880 [2015] ; People v. Robinson, 97 N.Y.2d 341, 741 N.Y.S.2d 147, 767 N.E.2d 638 [2001] ), or where there exists reasonable suspicion that the driver or occupants of the vehicle have committed, are committing, or are about to commit a crime ( Spencer at 752, 753, 622 N.Y.S.2d 483, 646 N.E.2d 785 ).1
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.