You are here: / / THE TRAFFIC STOP OF A BICYCLIST IS A SEIZURE REQUIRING REASONABLE SUSPICION...
,

THE TRAFFIC STOP OF A BICYCLIST IS A SEIZURE REQUIRING REASONABLE SUSPICION OF CRIMINAL ACTIVITY OR PROBABLE CAUSE DEFENDANT HAS VIOLATED THE RULES OF THE ROAD (VEHICLE AND TRAFFIC LAW, NYC ADMINISTRATIVE CODE, ETC.); HERE THE STATEMENTS MADE BY THE DEFENDANT AND THE GUN SEIZED FROM HIM AFTER THE STOP SHOULD HAVE BEEN SUPPRESSED (CT APP).

The Court of Appeals, reversing the Appellate Division, in a full-fledged opinion by Judge Rivera, over a three-judge dissent, determined a traffic-stop of a bicyclist is a seizure and requires reasonable suspicion of criminal activity or probable cause defendant violated the rules of the road (Vehicle and Traffic Law, NYC Administrative Law, etc.). Here the defendant was riding in the middle of the road such that cars avoided him, was holding something in his waistband, and had only one had on the handlebars. He was not charged with any violations of the rules of the road. When stopped the defendant admitted he had a gun which was seized. Defendant’s statements and the gun should have been suppressed:

“Like all seizures, the officer’s action[s]” during a traffic stop “must be justified at its inception” … . Here, the officers’ actions were unjustified from the beginning because, as the prosecution concedes, the police possessed neither probable cause of a VTL violation nor reasonable suspicion of criminality … . Although the officer vaguely commented during the suppression hearing that defendant was riding “in a somewhat reckless manner,” he did not testify that he suspected a VTL violation—let alone that he had probable cause of one Instead, the officer testified that the primary motivation for the stop was that defendant was “holding an object in his waistband,” but admitted that he did not know what the “object” was, except that it was “bulky.” This observation of course fell well short of establishing reasonable suspicion of criminality … . Indeed, at no point before the stop did the officers suspect defendant was carrying contraband and, in fact, they were “caught . . . off guard” after the stop, when defendant admitted that he was carrying a gun. * * *

From the dissent:

A police officer observed defendant Lance Rodriguez riding a bicycle while clutching a bulky object at his waistband. The officer asked defendant to stop and, upon doing so, defendant admitted that he was carrying a gun. Today, the majority abandons this Court’s long-settled precedent, overturns a gun conviction stemming from reasonable police action, and creates a new rule that transforms any stop of a bicycle from a facts and circumstances inquiry into a per se seizure. People v Rodriguez, 2023 NY Slip Op 05972, CtApp 11-21-23

Practice Point: The traffic stop of a bicyclist is a “seizure” requiring reasonable suspicion of criminal activity or probable cause to believe the bicyclist has violated the rules of the road.

 

You might also like
FAILURE TO RESPOND TO JURY NOTES AFTER COUNSEL HAD BEEN MADE AWARE OF THE CONTENTS OF THE NOTES AND THE JUDGE’S PROPOSED RESPONSES WAS NOT A MODE OF PROCEEDINGS ERROR, PRESERVATION REQUIRED.
CONSECUTIVE-CONCURRENT SENTENCING RULES EXPLAINED IN SOME DETAIL, TELLING DEFENDANT HE COULD RECEIVE CONSECUTIVE SENTENCES FOR ATTEMPTED FELONY MURDER AND THE UNDERLYING FELONY (ROBBERY) DID NOT CONSTITUTE INEFFECTIVE ASSISTANCE.
ENTERPRISE CORRUPTION CONVICTION NOT SUPPORTED BY LEGALLY SUFFICIENT EVIDENCE OF DEFENDANT’S KNOWLEDGE OF THE EXISTENCE OF THE ENTERPRISE AND HIS INTENT TO PARTICIPATE IN AFFAIRS OF THE ENTERPRISE (CT APP).
A Sex Offender Cannot Be Confined to a Treatment Facility as Part of “Strict and Intensive Supervision” under Article 10
A LIENHOLDER NONPARTY TO AN ACTION THAT RESULTED IN A FEE AWARD TO A DEBTOR MAY SUE TO RECOVER THOSE FEES WHERE THE LIENHOLDER WAS NEITHER JOINED NOR REQUIRED TO INTERVENE IN THAT ACTION (CT APP).
Admission of Child Abuse Made by Defendant to Psychiatrist Protected by Physician-Patient Privilege—Even Though the Admission Can Be Disclosed in Child Protective Proceedings, the Privilege Applies in a Criminal Trial
AFTER A VALID TRAFFIC STOP, DEFENDANT WAS DETAINED WHILE HIS PAROLE OFFICER WAS CALLED TO THE SCENE; DEFENDANT’S CAR WAS THEN SEARCHED AND HEROIN WAS FOUND; THE MATTER WAS REMITTED TO DETERMINE WHETHER DEFENDANT WAS PROPERLY DETAINED UNDER THE “REASONABLE SUSPICION” STANDARD, NOT THE “RIGHT TO INQUIRE” STANDARD APPLIED BY THE SUPPRESSION COURT (CT APP). ​
RECORDS OF DISCIPLINARY PROCEEDINGS CONCERNING A POLICE OFFICER ARE EXEMPT FROM DISCLOSURE EVEN IF THE IDENTIFYING INFORMATION IS REDACTED (CT APP).

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 © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

THE MAJORITY REJECTED THE ARGUMENT DEFENSE COUNSEL WAS INEFFECTIVE FOR FAILING... THE COMPLAINT ALLEGED DECEDENT, WHO WAS SUFFERING SHORTNESS OF BREATH, SHOULD...