Justice Joel Goldberg
The court previously denied Smith's motion to suppress physical evidence, and he now sought reargument. Smith contended at a hearing that the manner in which officers stopped his vehicle was "overly aggressive" as the police car pulled in front of Smith's vehicle, cutting it off. He claimed such maneuver was unnecessary as officers allegedly only observed two traffic infractions. The court noted defense counsel failed to submit case law limiting the means or methods by which officers may direct or cause motorists who committed such infractions to stop driving so that police may make inquiries. It stated there was no requirement police first attempt to stop motorists by escalating methods, only cutting a vehicle off after other methods failed. The court noted officers had information the vehicle's occupant had a gun, thus stopping it by cutting it off was a reasonable measure designed to address the possibility the driver actually had a gun and would attempt to flee in order to avoid arrest if officers attempted to stop the car less aggressively. Also, it noted it was Smith's own actions of attempting to conceal the gun that permitted officers to observe it. Thus, the court adhered to its prior decision denying the motion to suppress.
