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THE PRESENCE OF DEFENDANT’S VEHICLE IN A HIGH CRIME AREA AND FURTIVE MOVEMENTS INSIDE THE VEHICLE DID NOT JUSTIFY THE SEIZURE OF DEFENDANT’S VEHICLE BY BLOCKING IT WITH THE POLICE CAR (FOURTH DEPT).

The Fourth Department, reversing County Court, determined the police did not have the requisite “reasonable suspicion” to justify the seizure of defendant’s vehicle by blocking it with the police car:

… [T]he police lacked reasonable suspicion to justify the seizure of the vehicle, and therefore County Court erred in refusing to suppress both the physical property seized from defendant and the vehicle, as well as inculpatory statements made by defendant during booking following his arrest. … [W]e conclude that the police officers effectively seized defendant’s vehicle when they parked their patrol vehicle in such a manner that, for all practical purposes, prevented defendant from driving his vehicle away … . Furthermore, we conclude that the People did not have “reasonable suspicion that defendant had committed, was committing, or was about to commit a crime” to justify their seizure of the vehicle inasmuch as the seizure was based only on defendant’s presence in a vehicle parked in a high crime area, and on the police officers’ observation of furtive movements inside the vehicle … . People v Jennings, 2022 NY Slip Op 00755, Fourth Dept 2-4-22

 

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