You are here: / / DEFENDANT’S REFUSAL TO TURN AROUND AND HIS HANDS POSITIONED AT HIS...

DEFENDANT’S REFUSAL TO TURN AROUND AND HIS HANDS POSITIONED AT HIS WAISTBAND JUSTIFIED AN OFFICER’S DRAWING HIS WEAPON AND POLICE PURSUIT.

The Fourth Department determined defendant’s refusal to turn around upon request and his hands positioned at his waistband justified a police officer’s drawing his weapon and a pursuit of the defendant when her ran. Suppression of the weapon discarded by the defendant was properly denied:

​

… [W]e conclude that defendant’s positioning and his refusal to comply with the officer’s request to return to the vehicle, while not alone indicative of criminal behavior, could be “considered in conjunction with other attendant circumstances” to establish the requisite reasonable suspicion of criminal activity … . In our view, once defendant refused the officer’s request to return to the vehicle and turned toward the officers, the officers could “reasonably suspect[] that defendant was armed and posed a threat to their safety because his actions were directed to the area of his waistband, which was concealed from their view”,,, . The officer who drew his weapon was justified in doing so out of a concern for his own safety … . We thus conclude that defendant’s flight, “in conjunction with the attendant circumstances, gave rise to the requisite reasonable suspicion justifying police pursuit” … . People v Walker, 2017 NY Slip Op 03317, 4th Dept 4-28-17

CRIMINAL LAW (DEFENDANT’S REFUSAL TO TURN AROUND AND HIS HANDS POSITIONED AT HIS WAISTBAND JUSTIFIED AN OFFICER’S DRAWING HIS WEAPON AND POLICE PURSUIT)/STREET STOPS (CRIMINAL LAW, DEFENDANT’S REFUSAL TO TURN AROUND AND HIS HANDS POSITIONED AT HIS WAISTBAND JUSTIFIED AN OFFICER’S DRAWING HIS WEAPON AND POLICE PURSUIT)/SUPPRESS, MOTION TO  (DEFENDANT’S REFUSAL TO TURN AROUND AND HIS HANDS POSITIONED AT HIS WAISTBAND JUSTIFIED AN OFFICER’S DRAWING HIS WEAPON AND POLICE PURSUIT)

You might also like
Procedure for Invalidation of a Stipulation to the Record
THE POLICE MISTAKENLY BELIEVED THE MAN IN A MOTEL ROOM (DEFENDANT) WAS A SUSPECT IN A SHOOTING; AN INFORMANT HAD TOLD THE POLICE THE MAN IN THE ROOM WAS FROM ROCHESTER, HIS NICKNAME WAS “JAY” AND HE “HAD A WARRANT;” WHEN THE MAN LEFT THE ROOM, THE POLICE STOPPED HIS TAXI; THE PEOPLE DID NOT DEMONSTRATE THE LEGALITY OF THE STOP (FOURTH DEPT).
THE ORAL STIPULATION OF SETTLEMENT IN THIS DIVORCE ACTION IS INVALID AND UNENFORCEABLE (FOURTH DEPT).
HERE THE MURDER SECOND DEGREE COUNTS MUST BE DISMISSED AS INCLUSORY CONCURRENT COUNTS OF THE COUNT OF MURDER IN THE FIRST DEGREE (FOURT DEPT).
SENTENCE DEEMED UNDULY HARSH (FOURTH DEPT).
EMERGENCY EXCEPTION TO WARRANT REQUIREMENT IMPROPERLY APPLIED; JUDGE FAILED TO ELICIT UNEQUIVOCAL ASSURANCES OF IMPARTIALITY FROM FIVE PROSPECTIVE JURORS; NOTHING CAN BE INFERRED FROM THE PROSPECTIVE JURORS’ COLLECTIVE SILENCE IN RESPONSE TO THE JUDGE’S QUESTION WHETHER THEY COULD BE FAIR.
No Notice of Claim Requirement for Suit Against Sheriff/Sheriff Can Be Liable for Negligently Training and Supervising Deputies/Whether Sheriff Entitled to Governmental Immunity Cannot Be Decided at the Pleading Stage
MOTHER’S REQUEST FOR AN ADJOURNMENT SHOULD HAVE BEEN GRANTED; FAMILY COURT REVERSED (FOURTH DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

DEFENDANT WALKED BY POLICE OFFICER HOLDING HIS WAISTBAND, OFFICER WAS JUSTIFIED... JUDGE DID NOT GIVE A COMPLETE JURY INSTRUCTION ON THE ELEMENTS OF BURGLARY,...