Second Department Affirms Suppression of Gun
May 14, 2014
The police stopped a group of men, including Nichols, after an unknown woman said that the group had a gun. While the men were detained, Nichols stood up, sat down, and put his backpack down. Without asking him any questions, the officer instructed him to open his bag and found a gun inside.
The lower court suppressed the gun and, on May 14, 2014, the Appellate Division, Second Department, unanimously affirmed the lower court’s decision.
The case was briefed and argued by Alex Donn.