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THE POLICE WERE JUSTIFIED IN STOPPING A BICYCLIST WHO WAS WEAVING AND HOLDING A BULKY OBJECT IN HIS WAISTBAND; DEFENDANT’S MOTION TO SUPPRESS PROPERLY DENIED (SECOND DEPT).

The Second Department determined Supreme Court properly denied defendant’s motion to suppress a gun and statements based upon a street stop. The court noted that defendant was riding a bicycle and the street stop rules which apply to pedestrians, not vehicles, apply:

The Court of Appeals has held that an officer’s instruction to a pedestrian to “stop” requires only a common-law right of inquiry and does not constitute a seizure … . …

… Supreme Court properly determined that the officer’s statements to the defendant to “hold up” constituted a level two encounter under De Bour, and that the officers were justified in making a common-law inquiry based upon their observations of the manner in which the defendant was riding his bicycle, as well as their observation of a “bulky” object that the defendant was holding at his waistband … .

… [T]he defendant stopped in response to the commands and … the officers did not block his path or otherwise signal that he was not free to leave … . The unobtrusive manner in which the police followed the defendant did not elevate the pursuit itself to a seizure … .

The officers were justified in frisking the defendant based on Officer Schnell’s observation of the bulky object in the defendant’s waistband together with the defendant’s statements that he had a gun … . People v Rodriguez, 2021 NY Slip Op 03202, Second Dept 5-19-21

 

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