X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46375 Justice Globerman DEFENDANT SOUGHT suppression of drugs. A police detective participating in a “buy and bust” operation at an apartment building observed defendant exit a vehicle, enter the building and exit the building. The detective inquired whether defendant had identification and told him that the building had many drug sales involving people with weapons. As defendant reached into a jacket pocket holding papers, the detective observed a clear plastic bag containing drugs. A search of defendant after arrest revealed additional drugs. The court granted suppression, finding that the initial questions of defendant, a level one encounter under People v. De Bour, were not supported by a founded suspicion of criminality. Noting that a person’s presence in a building located in a drug-prone area is not a crime, the court further noted that the detective observed no conduct by defendant to suggest that his entry into the building was unlawful.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.