Law §140.50
New York Criminal Procedure Law § 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. . . .
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.
Requires reasonable suspicion.
Possibly Relevant - Trespass
Affidavit Program. Officers can
request information if person is
located in TAP building restricted
by signage and a lock.
People v. Roque, 99 N.Y.2d 50, 52
(2002) (“Often a building owner or
manager files a ‘trespass affidavit’
with police stating that the building
has been plagued by illegal drug
trade and asks police to patrol the
building for trespassers. Police then
stop people they encounter in the
halls to ask for identification and to
inquire if they are residents or
otherwise lawfully in the
building.”)
People v. Barksdale, 26 N.Y.3d
139, 143–44 (2015). (“Here the
record reflects that the encounter
occurred in a private space
restricted by signage and a lock,
and that police assistance in
combating trespassing had been
sought through enrollment in the
[Tresspass Affidavit Program]. Put
simply, the coupling of defendant's
presence in the subject building
with the private and protected
nature of that location supports the
intrusion giving rise to what
became the seizure in question. We
conclude that there is record
support for the determination that
the police had an objective credible
reason to request information from
defendant.”)
Carolina
N.C. Gen. Stat. Ann. § 14-415.11
requires anyone permitted to carry a
a concealed handgun to display
both the permit and identification
upon request of a law enforcement
officer.