Weapon Conviction Reversed Due to Police Misconduct
April 23, 2014
Appellant and a passenger were sitting in his parked car at 3:00 am in a place people did not usually park when police officers approached, questioned him, shined a flashlight into the car, and ordered him and his passenger out of the car.
The Appellate Division held that the police lacked a sufficient basis for their initial approach. Further, becuase there was no indication of criminal activity, that appellant wore gloves and threw something onto the floor,did not create the reasonable suspicion required to order appellant and his passenger out of the car. The Appellate Division suppressed the gun discovered in the passenger's purse and dismissed the weapon possession indictment.
Jonathan M Kratter briefed and argued the case.