Legislation
SECTION 140.50
Temporary questioning of persons in public places; search for weapons
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 140
§ 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.
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.