Officer Had No Legitimate Reason for Initial Approach of Defendant’s Vehicle–Suppression Granted and Indictment Dismissed

The Second Departent reversed defendant’s conviction and dismissed the indictment, finding that the initial approach of defendant in his vehicle by Officer Ranolde was not justified:

In People v De Bour (40 NY2d 210), the Court of Appeals established a graduated four-level test for evaluating the propriety of police encounters when a police officer is acting in a law enforcement capacity … . The first level permits a police officer to request information from an individual, and merely requires that the request be supported by an objective credible reason, not necessarily indicative of criminality …. The second level, known as the “common-law right of inquiry,” requires a founded suspicion that criminal activity is afoot, and permits a somewhat greater intrusion … . The third level under DeBour permits a seizure, meaning that a police officer may forcibly stop and detain an individual. Such a seizure, however, is not permitted unless there is a “reasonable suspicion” that an individual is committing, has committed, or is about to commit a crime … . Finally, the fourth level under De Bour authorizes an arrest based on probable cause to believe that a person has committed a crime … .

“Reasonable suspicion is the quantum of knowledge sufficient to induce an ordinarily prudent and cautious [person] under the circumstances to believe criminal activity is at hand” …. “To justify such an intrusion, the police officer must indicate specific and articulable facts which, along with any logical deductions, reasonably prompted that intrusion” … . The defendant’s later conduct “cannot validate an encounter that was not justified at its inception” … .

Here, that branch of the defendant’s omnibus motion which was to suppress the physical evidence seized should have been granted, as Ranolde lacked an objective, credible reason for approaching the defendant’s car and shining his flashlight into the car … . At the hearing, Ranolde failed to articulate any reason for approaching the defendant’s car other than that the car was parked in the early morning in an area where cars usually were not parked, and that the defendant may have moved something from the dashboard and thrown it on the floor of his car. Neither reason was a sufficient basis for the officers to have approached the defendant’s vehicle and requested information … .In any event, Ranolde’s testimony did not support a finding that he had a reasonable suspicion that the defendant was committing, had committed, or was about to commit a crime … . Indeed, there was nothing to indicate that the defendant had violated any Vehicle and Traffic Law provision … . Additionally, Ranolde admitted that, after he initiated his inquiry, he looked into the defendant’s car using a flashlight and noticed nothing illegal or out of the ordinary. The defendant’s removal of something from the dashboard and his wearing of gloves were innocuous, and not indicative of criminality … People v Laviscount, 2014 NY Slip Op 02798, 2nd Dept 4-23-14