Judge John Wilson
Brown was charged with using drug paraphernalia and possession of a weapon. He moved to controvert the search warrant. An officer was assisting in the execution of a search warrant at the subject premises on the eighth floor. He observed Brown approach and attempt to use the stairwell to get downstairs, asking him for a name and address. Brown responded, but had no identification. The officer followed Brown to his apartment on the ninth floor to retrieve identification and upon entering the bedroom of the apartment observed ziplock bags with a substance resembling marijuana. Brown was arrested and scales and brass knuckles were found in the room, along with marijuana on Brown’s person. The court found Brown had standing to challenge the search as a lawful occupant of the targeted premises. It noted it was unable to determine if the officer had an objective, credible reason to approach and inquire as to Brown’s identity. The court stated there was insufficient evidence to ascertain if the "attendant circumstances" sufficed to arouse the officer’s interest in Brown. As there was no information presented in the officer’s affidavit to establish the basis for the initial stop, a hearing under People v. Alfinito was ordered.
