NY dissent: NY’s pre-Rodriguez cases are suspect

The appellate division’s affirmance of the conviction is summarily affirmed. People v. Blandford, 2021 NY Slip Op 05619, 2021 N.Y. LEXIS 2209 (Oct. 14, 2021) (dissenting opinion)*:

Mr. Blandford’s case illustrates a troubling aspect of police behavior: law enforcement can pursue someone they suspect of criminal behavior without a founded suspicion of criminality, wait for the right moment to stop that person for a minor traffic infraction, and then serve up a stew of flavorless facts to transform a stop in which they have no intrinsic interest into the search they sought before they had any evidentiary basis to suspect wrongdoing. Although this case illustrates that problem, its resolution should be much simpler than resolution of the systemic problem: here, the officers did not possess information sufficient to justify the canine search.

Moreover, state cases before Rodriguez are now suspect and this has to be addressed.

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