This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Jack B. Weinstein, denying a motion to suppress, found that officers had reasonable suspicion to stop and search defendant. Judge Nina Gershon found liability and assessed damages against a hookah lounge for broadcasting a boxing match without authorization from the closed-circuit distributor. And Judge Nicholas G. Garaufis dismissed a complaint alleging securities fraud in connection with a corporation’s failure to divulge in various communications certain misconduct by its CEO designed to “advance his romantic and personal interests,” where these were not material misrepresentations.

‘Reasonable Suspicion’ To Stop and Search

In United States v. Ford, 19 CR 81 (EDNY, Nov. 19, 2019), Judge Weinstein held that police officers had reasonable suspicion to stop defendant and search him for a handgun carried inside his pants, resulting in probable cause to arrest him. There was thus no basis to suppress the seized gun or his post-arrest statements.