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New York Criminal Procedure - Article 140 - § 140.50 Temporary Questioning of Persons in Public Places; Search for Weapons

Legal Research Home > New York Laws > Criminal Procedure > New York Criminal Procedure - Article 140 - § 140.50 Temporary Questioning of Persons in Public Places; Search for Weapons


Criminal Procedure 
 
  §  140.50  Temporary questioning of persons in public places; search for
               weapons.
    1. In addition to the authority provided by this article for making an
  arrest without a warrant, a police officer may stop a person in a public
  place located within the geographical area of such officer's  employment
  when  he  reasonably  suspects  that  such  person  is  committing,  has
  committed or is about to commit either (a) a felony or (b) a misdemeanor
  defined in the penal law, and may demand of him his name, address and an
  explanation of his conduct.
    2. Any person who  is  a  peace  officer  and  who  provides  security
  services  for any court of the unified court system may stop a person in
  or about the courthouse to which  he  is  assigned  when  he  reasonably
  suspects  that  such  person is committing, has committed or is about to
  commit either (a) a felony or (b) a misdemeanor  defined  in  the  penal
  law,  and  may demand of him his name, address and an explanation of his
  conduct.
    3. When upon stopping  a  person  under  circumstances  prescribed  in
  subdivisions  one and two a police officer or court officer, as the case
  may be, reasonably suspects that he is in danger of physical injury,  he
  may search such person for a deadly weapon or any instrument, article or
  substance  readily  capable  of causing serious physical injury and of a
  sort not ordinarily carried in public places by law-abiding persons.  If
  he  finds  such a weapon or instrument, or any other property possession
  of which he reasonably believes  may  constitute  the  commission  of  a
  crime,  he  may  take  it  and  keep  it  until  the  completion  of the
  questioning, at which time  he  shall  either  return  it,  if  lawfully
  possessed, or arrest such person.
    4.  In  cities  with  a population of one million or more, information
  that establishes the personal identity of an  individual  who  has  been
  stopped, questioned and/or frisked by a police officer or peace officer,
  such  as  the  name,  address  or social security number of such person,
  shall not be recorded in a computerized or electronic database  if  that
  individual  is released without further legal action; provided, however,
  that this subdivision  shall  not  prohibit  police  officers  or  peace
  officers from including in a computerized or electronic database generic
  characteristics  of an individual, such as race and gender, who has been
  stopped, questioned and/or frisked by a police officer or peace officer.
Section:  Previous  Article 140  140.05  140.10  140.15  140.20  140.25  140.27  140.30  140.35  140.40  140.45  140.50  140.55  Next

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Last modified: February 15, 2014