{"id":59031,"date":"2024-10-07T12:58:32","date_gmt":"2024-10-07T17:58:32","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59031"},"modified":"2024-10-07T12:58:32","modified_gmt":"2024-10-07T17:58:32","slug":"ny1-vehicle-being-involved-in-recent-prior-crime-was-rs-for-stop","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59031","title":{"rendered":"NY1: Vehicle being involved in recent prior crime was RS for stop"},"content":{"rendered":"\n

There was reasonable suspicion for the stop of defendant\u2019s car just because the police had information that the car had previously been involved in a potential crime. People v. Zubidi<\/a>, 2024 NY Slip Op 04824, 2024 N.Y. App. Div. LEXIS 5115 (1st Dept. Oct. 3, 2024) (4-1) with an interesting dissent there was no reasonable suspicion:<\/p>\n\n\n\n\n\n\n\n

In this context, “it is appropriate to emphasize that what is fundamentally at issue \u2026 is the extent to which constitutional liberties can and should be compromised for the sake of more effective law enforcement” \u2026. With this acknowledged balance in mind, “courts have made a reasoned determination that the occasional loss of the opportunity for apprehension is outweighed by the need to preserve the freedom of movement of the general populace by requiring the police to demonstrate reasonable suspicion of criminal activity before infringing upon an individual’s liberty” \u2026 [“Almost any series of indiscriminate seizures is bound to produce some instances of criminality that might otherwise have gone undetected or unprevented. But were hindsight alone to furnish the governing criteria, a vital constitutional safeguard of our personal security would soon be gone”]).<\/p>\n\n\n\n

. . .<\/p>\n\n\n\n

As with all decisions defining the bounds of lawful police conduct, serious constitutional concerns are implicated here. For instance, a conclusion that reasonable suspicion existed at the time of this stop would, under these circumstances, necessarily be predicated on an owner-driver inference of such magnitude that it would amount, in practical terms, to an owner-driver presumption. The danger of such a presumption is patent, as it would, without tailored reservations, be seemingly permanent and immutable. Given the independent details known to the officers at the time defendant was stopped here\u2014and the consequent reliance on such a presumption\u2014the question would thus arise of when, if ever, reasonable suspicion would cease. Many years of course may pass in which a vehicle’s characteristics, including its unique license plate number, remain unchanged. Combining this fact with such an owner-driver presumption results in a framework whereby there might be no point, aside from a vehicle’s sale, at which the temporal link to an underlying crime would prove too tenuous for a lawful stop.<\/p>\n","protected":false},"excerpt":{"rendered":"

There was reasonable suspicion for the stop of defendant\u2019s car just because the police had information that the car had previously been involved in a potential crime. People v. Zubidi, 2024 NY Slip Op 04824, 2024 N.Y. App. Div. LEXIS … Continue reading →<\/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":[35],"tags":[],"class_list":["post-59031","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59031","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=59031"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59031\/revisions"}],"predecessor-version":[{"id":59036,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59031\/revisions\/59036"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59031"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59031"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59031"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}