NY2: Def ordered out of backseat of car during speeding stop resulted in admission of gun; suppressed for lack of RS

Defendant was in the backseat of a car stopped in Queens for speeding. The officer decided he was a little too nervous and had him get out and asked him what he had. Defendant said “I have a piece.” Based on the totality, the officer didn’t have reasonable suspicion to get him alone out of the car and question him. People v. White, 2018 NY Slip Op 01492, 2018 N.Y. App. Div. LEXIS 1451 (2d Dept. Mar. 7, 2018).

The motion to suppress defendant’s cell phone search is denied as moot because the government couldn’t unlock it, and it now won’t search it. The motion to suppress his Facebook account is denied because probable cause was shown in the affidavit for the warrant and the search warrant was reasonably relied upon under the good faith exception. United States v. Willis-Dass, 2018 U.S. Dist. LEXIS 35673 (D. Minn. Mar. 5, 2018).*

This entry was posted in Reasonable suspicion. Bookmark the permalink.

Comments are closed.