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TRAFFIC STOP WAS SUPPORTED BY REASONABLE SUSPICION DESPITE THE DMV COMPUTER IMPOUNDMENT RECORD’S CAUTIONARY STATEMENT THAT THE VEHICLE SHOULD NOT BE CONSIDERED STOLEN (FOURTH DEPT).

The Fourth Department, over a two-justice dissent, determined the traffic stop was supported by reasonable suspicion even though the DMV impoundment record indicated the vehicle was not stolen:

Here, a New York State Trooper properly stopped the vehicle defendant was driving based on his check of Department of Motor Vehicles (DMV) computer records for the vehicle’s license plate number, which revealed that the car had been impounded and thus should have been located in an impound lot … . …

Our dissenting colleagues conclude that the Trooper did not have reasonable suspicion to stop defendant’s vehicle because the Trooper disregarded cautionary language in the DMV impoundment record stating that it “should not be treated as a stolen vehicle hit[, and] [n]o further action should be taken based solely upon this impounded response.” We conclude, however, that the Trooper’s testimony that the cautionary language was “generic,” inasmuch as it even “comes up with stolen vehicles,” and that, based on his experience, he interpreted the impoundment record as requiring him to conduct a further investigation because the vehicle “should not be out on the road,” establishes that the stop was not unreasonable. Rather, we conclude that the impoundment record, coupled with the Trooper’s explanation of its import, provided reasonable suspicion to stop the vehicle. In disregarding the Trooper’s explanation that the cautionary language was “generic,” the dissent would obligate us to find unreasonable any stops where that same message appears, irrespective of the facts surrounding the stop. We reject such a categorical determination. People v Hinshaw, 2019 NY Slip Op 02252, Fourth Dept 3-22-19

 

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