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Police Faulted for Questioning Without 'Founded Suspicion'

New York Law Journal

February 14, 2013

A police officer who asked the occupant of an illegally parked vehicle if there was anything in the car he "should be aware of" lacked the requisite "founded suspicion" to make the inquiry and the handgun discovered after the motorist agreed to a search should have been suppressed, an upstate appellate panel has held.

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