People v. Copeland, 355 N.E.2d 288 (NY 1976). · Go Syfert
Search
People v. Copeland, 355 N.E.2d 288 (NY 1976). Cases Citing This Book View Copy Cite
45 citation events (14 in the last 25 years) across 12 distinct courts.
Strongest positive: Charles Amara v. Jonathan Hattenrath; Christopher Johnson; Donald A. Ouimet, Jr.; and Dylan Osborne (nynd, 2026-03-09)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Charles Amara v. Jonathan Hattenrath; Christopher Johnson; Donald A. Ouimet, Jr.; and Dylan Osborne
N.D.N.Y. · 2026 · confidence medium
App. Div. 2008) (holding that police were justified in arresting and then frisking defendant before moving him to the police station because defendant failed to produce identification); People v. Ellis, 62 N.Y.2d 393, 396 (N.Y. 1984) (“Once it became evident that defendant could not be issued a summons on the spot because of his inability to produce identification, the officers were warranted in arresting him to remove him to the police station and in frisking him before doing so.”); People v. Copeland, 39 N.Y.2d 986, 987 (N.Y. 1976) (holding that arrest and search during traffic stop were…
discussed Cited as authority (rule) People v. Essic
N.Y. Sup. Kings · 2024 · confidence medium
People v. Copeland , 39 NY2d 986, 986 [1976] ("[w]ithout the available data on which to prepare a uniform traffic summons and confronted [*5]with the driver of a weaving car who possessed no operator's license, we can only conclude that this arrest was warranted"); see e.g.
discussed Cited as authority (rule) People v. Essic
N.Y. Sup. Kings · 2024 · confidence medium
People v. Copeland , 39 NY2d 986, 986 [1976] ("[w]ithout the available data on which to prepare a uniform traffic summons and confronted [*5]with the driver of a weaving car who possessed no operator's license, we can only conclude that this arrest was warranted"); see e.g.
discussed Cited as authority (rule) People v. Lucas
N.Y. Sup. Ct. · 1999 · confidence medium
(People v Copeland, 39 NY2d 986, 987 [1976].) Accordingly, the patdown search of Wright was justified. 2 Officer Bongiovanni testified that, when he first approached the car, he smelled a moderate or stale odor of marihuana coming from inside of the car.
examined Cited "see" Evans v. Solomon (3×)
E.D.N.Y · 2010 · signal: see · confidence high
See People v. Copeland, 39 N.Y.2d 986, 986-87 , 387 N.Y.S.2d 234 , 355 N.E.2d 288 (N.Y.1976). 12 .
discussed Cited "see" People v. Taylor
N.Y. App. Div. · 2008 · signal: see · confidence high
Based on the failure of defendant to produce identification, the police were justified “in arresting him to remove him to the police station and in frisking him before doing so” (People v Ellis, 62 NY2d 393, 396 [1984]; see People v Copeland, 39 NY2d 986 [1976]).
discussed Cited "see" Informal Opinion No.
N.Y. Att'y Gen. · 1987 · signal: see · confidence high
Police officers have the option to arrest a driver for unlicensed operation, lack of registration or lack of insurance (authorized by Criminal Procedure Law, § 140.10 ; see People v Copeland, 39 N.Y.2d 986 [1976]; People v Griffin, 116 Misc.2d 751 , 758 [Sup Ct, N Y Co, 1983]).
discussed Cited "see, e.g." People v. Waasdorp
N.Y. App. Div. · 1997 · signal: see also · confidence low
Under those circumstances, defendant’s arrest was warranted and the search of defendant’s person incident thereto was lawful (see, People v Dillard, 212 AD2d 1029, 1030 , lv denied 86 NY2d 734 ; see also, People v Copeland, 39 NY2d 986 ).
examined Cited "see, e.g." Wachtler v. County of Herkimer (3×)
2d Cir. · 1994 · signal: see also · confidence low
People v. Abrams, 119 A.D.2d 682, 683 , 501 N.Y.S.2d 110, 111-12 (2d Dep’t 1986); see also People v. Copeland, 39 N.Y.2d 986, 986-87 , 387 N.Y.S.2d 234 , 355 N.E.2d 288 (1976).
examined Cited "see, e.g." Wachtler v. County Of Herkimer (3×)
2d Cir. · 1994 · signal: see also · confidence low
Driving without a license is a traffic infraction which justifies a police officer's immediate arrest of the unlicensed operator. 14 People v. Abrams, 119 A.D.2d 682, 683 , 501 N.Y.S.2d 110, 111-12 (2d Dep't 1986); see also People v. Copeland, 39 N.Y.2d 986, 986-87 , 387 N.Y.S.2d 234 , 355 N.E.2d 288 (1976).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Don Copeland
New York Court of Appeals.
Jul 6, 1976.
355 N.E.2d 288
Eugene Murphy, James J. McDonough and Matthew Muraskin for appellant., Denis Dillon, District Attorney (Martin I. Saperstein and William C. Donnino of counsel), for respondent.
Cited by 35 opinions  |  Published

Memorandum. The order of the Appellate Term should be affirmed.

In the early morning hours a patrolman stopped the automobile defendant was driving after it had been observed weaving from lane to lane. On being asked for his driver’s license, defendant stated that he did not possess a license, and he was thereupon arrested for violation of section 509 of the Vehicle and Traffic Law (CPL 140.10, subd 1, par [a]). Further inquiry disclosed that defendant carried no identification. The arresting officer then frisked him, and when defendant emptied his pockets the contraband fell out.

Without the available data on which to prepare a uniform[*987] traffic summons and confronted with the driver of a weaving car who possessed no operator’s license, we can only conclude that this arrest was warranted and that the search of defendant’s person incident thereto was surely lawful (cf. People v Troiano, 35 NY2d 476). Accordingly, the motion to suppress was properly denied.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed in a memorandum.