NY4: Officer had RS for encounter that def fled from and hid object under leaves in flight

The officer had reasonable suspicion for an encounter and defendant fled from him, hiding an object under leaves in flight which was abandonment. People v. Thacker, 2017 NY Slip Op 09081, 2017 N.Y. App. Div. LEXIS 9104 (4th Dept. Dec. 22, 2017)* (six years and two weeks after judgment; defendant probably already paroled).

The CI’s information satisfied Aguilar-Spinelli that defendant was going to NYC by bus to buy a kilo of cocaine and come back to Syracuse. Partial confirmation came from NYPD when defendant was there. When defendant got off the bus back in Syracuse, there was reasonable suspicion for his stop. People v. Figueroa, 2017 NY Slip Op 08957, 2017 N.Y. App. Div. LEXIS 9105 (4th Dept. Dec. 22, 2017).*

If CI information is found a critical factor in a finding of probable cause for a search warrant, the informant has to be produced for in camera questioning by the court. The state said he was unavailable, and an unsworn letter from a California rehab facility doesn’t cut it. Remanded for a hearing. People v. Givans, 2017 NY Slip Op 09039, 2017 N.Y. App. Div. LEXIS 9038 (4th Dept. Dec. 22, 2017).*

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