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Appellant’s Running From Area Where Gunshots Were Heard and a Visible Bulge Under Appellant’s Clothing Provided Police With Reasonable Suspicion to Justify Stopping Appellant

The Second Department, over a partial dissent, determined that seeing the appellant running shortly after hearing gunshots, and seeing a bulge under appellant’s clothing, provided the police with reasonable suspicion sufficient to justify stopping the appellant.  The suppression of the weapon thrown down by the appellant, therefore, was not required:

Appellate courts have held under the same or similar factual circumstances that the police have reasonable suspicion to pursue an individual observed with a bulge at the waistband while in geographic and temporal proximity of gunshots, who then flees from the police … . The Court of Appeals has recognized that reasonable suspicion, and not probable cause, is the applicable standard in assessing a police stop or detention and that, in determining whether reasonable suspicion exists, a defendant’s flight may be considered … .

Here, because the pursuit of the appellant was justified, the gun he discarded during the pursuit was not subject to suppression as a result of any unlawful police conduct … . Matter of Ya-Sin S, 2014 NY Slip Op 07672, 2nd Dept 11-12-14

 

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