E.D.N.Y.: Violation of NYC bicycle ordinance and evasiveness justified arrest and search incident

Violation of the NYC bicycle use ordinance justifies arrest if necessary, and defendant was riding his bike on the sidewalk. “Here, the officers’ search of Defendant was incident to the lawful stop of Defendant for a bicycle traffic infraction, that escalated when Defendant refused to comply with a lawful order to stop and get off the bicycle, appeared to be about to flee, and Officer Foley felt the outline of a firearm as he grabbed Defendant’s jacket in an effort to stop his flight. Even if the officers lacked probable cause to arrest Defendant at the time he was stopped, Defendant’s attempt to flee provides alternative support for the search.” United States v. Stokes, 2019 U.S. Dist. LEXIS 130050 (E.D. N.Y. Aug. 2, 2019).*

Even if the Playpen warrant violated Rule 41 and the Fourth Amendment, the officers were reasonable in executing it because there’s no dispute the good faith exception applies. United States v. Eldred, 2019 U.S. App. LEXIS 23294 (2d Cir. Aug. 5, 2019), amended 2019 U.S. App. LEXIS 23766 (2d Cir. Aug. 9, 2019); United States v. Allen, 2019 U.S. App. LEXIS 23285 (2d Cir. Aug. 5, 2019);* United States v. Scanlon, 2019 U.S. App. LEXIS 23283 (2d Cir. Aug. 5, 2019).*