· 4/18/2024
Qeliqi v. Gladden Props. LLC
Citations
- 2024 NY Slip Op 02101
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that this standard is “considerably less” than a “preponderance of the evidence” or “probable cause” (quoting United States v. Sokolow, 490 U.S. 1, 7 -12- (1989))
- noting that a bulge is a substantial factor in justifying a protective search
- collecting cases explaining that “[w]hen determining whether the totality of the circumstances gave rise to reasonable suspicion justifying a protective Terry search,” courts “consider a law-enforcement officer’s observation of a bulge to be a substantial factor”
- facts that go to officer safety, such as when the stop took place, are part of the totality of the circumstances
- “[I]t is of no consequence ‘that the motivation for the search did not coincide with the legal justification’ for the search.”
- protective search must be “reasonably designed to discover concealed weapons”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.