{"id":19531,"date":"2015-11-11T07:31:54","date_gmt":"2015-11-11T12:31:54","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19531"},"modified":"2015-11-11T07:31:54","modified_gmt":"2015-11-11T12:31:54","slug":"ny2-def-was-accosted-on-the-street-without-reasonable-suspicion-and-defs-flight-and-abandonment-was-precipitated-by-unlawful-police-action","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=19531","title":{"rendered":"NY2: Def was accosted on the street without reasonable suspicion, and def&#8217;s flight and abandonment was precipitated by unlawful police action"},"content":{"rendered":"<p>Defendant fled from the police and dropped a gun. His being accosted was without reasonable suspicion and his flight was not reason to arrest. Dropping the gun while being chased is suppressed. \u201cDetective Lunt&#8217;s experience with gang activity, his awareness that he was in an area known for gang activity, and his observation that the defendant made \u2018constant adjustments\u2019 to the right side of his waistband, did not constitute specific circumstances indicative of criminal activity so as to establish the reasonable suspicion that was necessary to lawfully pursue the defendant, even when coupled with the defendant&#8217;s flight from the police.\u201d <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2015\/2015_07989.htm\">People v. Clermont<\/a>, 2015 NY Slip Op 07989 (2d Dept. Nov. 4, 2015).<\/p>\n<p>The protective sweep of defendant\u2019s rented room in the house entered here was essentially the same as in Buie, and it was reasonably necessary for officer safety. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201510478.pdf\">United States v. Medina<\/a>, 2015 U.S. App. LEXIS 19377 (11th Cir. Nov. 6, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant fled from the police and dropped a gun. His being accosted was without reasonable suspicion and his flight was not reason to arrest. Dropping the gun while being chased is suppressed. \u201cDetective Lunt&#8217;s experience with gang activity, his awareness &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=19531\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[48,22,35],"tags":[],"class_list":["post-19531","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-protective-sweep","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19531","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=19531"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19531\/revisions"}],"predecessor-version":[{"id":19532,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19531\/revisions\/19532"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19531"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19531"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19531"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}