Section 140.50. Temporary questioning of persons in public places; search for weapons  


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  • 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.