People v. Milaski

In People v. Milaski, 62 NY2d 147 (1984), two State Troopers on routine patrol observed the defendant traveling in a parking area at a high rate of speed. As the defendant's vehicle approached the troopers' vehicle, the defendant turned his lights off then back on again. The defendant backed up and either placed the vehicle in park or used the emergency brake and jumped out of the vehicle. The defendant produced his driver's license; however, he was unable to produce the vehicle's registration. Upon questioning by the troopers, the defendant explained that the vehicle belonged to a friend and he was simply returning it to him. According to one of the troopers, the defendant appeared nervous and gave inconsistent answers. Despite the fact that the registration check of the vehicle confirmed that the vehicle was registered to the defendant's friend, the state troopers continued to question the defendant and even subjected him to a pat-down frisk for weapons. Subsequently, the state troopers discovered a shotgun lying on the floor under the dashboard partially wrapped in a towel. In reversing and vacating the guilty plea, the Court of Appeals held that: "once defendant had explained his conduct, produced his license and identified the owner of the car, and such ownership had been confirmed by the radio check, the troopers had no justification to detain defendant longer. At this point, the inquiry justified by the initiating circumstances had been exhausted, and no evidence of criminal conduct on defendant's part had been discovered."