People v. Wilson
Opinion of the Court
Order reversed and indictment reinstated. Memorandum: In our view the facts of this case justified the initial stop of defendant pursuant to CPL 140.50, and accordingly we reverse the order of suppression and reinstate the indictment. In defining the element of reasonable suspicion upon which an initial stop is justified under CPL 140.50, the Court of Appeals has stated that such suspicion "is the quantum of knowledge sufficient to induce an ordinarily prudent and cautious man under the circumstances to believe criminal activity is at hand [citations omitted]. To justify such an intrusion, the police officer must indicate specific and articulable facts which, along with any logical deductions, reasonably prompted that intrusion.” (People v Cantor, 36 NY2d 106, 112-113.) In the instant case the police officers, one of whom knew defendant and also was aware that defendant had previously been arrested several times for daylight burglaries, observed defendant riding a 10-speed bicycle in Syracuse, New York. They also observed that he was carrying a crumpled brown paper bag which the officers stated was of a type often used to transport stolen property. When they approached defendant in their unmarked police car and called to him, defendant acted as if he didn’t known them, rode his bicycle through a red light and crossed over to the intersecting lane of traffic. At this point the officers jumped the red light, overtook defendant and stopped him. There can be no doubt that at the time of the police officers’ initial observation of defendant there was no reasonable suspicion to stop him. The mere fact that he carried a certain crumpled brown paper bag was equally consistent with his innocence as with his guilt and, absent more, would not justify a stop. However, when the police approached defendant and he attempted to "flee” by ignoring their call, running the red
Case-law data current through December 31, 2025. Source: CourtListener bulk data.