People v. Douglas
Opinion of the Court
After a hearing, Criminal Term suppressed both the physical evidence found in the bag carried by the defendant and his statements.
Under the totality of the circumstances, the limited intrusion of the police officer in looking into the bag the defendant had dropped was an appropriate and reasonable response to the officers’ observations. "The reasonableness standard contemplates and permits a flexible set of escalating police responses, provided only that they remain reasonably related in scope and intensity to the information the officer initially has, and to the information he gathers as his encounter with the citizen unfolds” (People v Finlayson, 76 AD2d 670, 675, lv denied 51 NY2d 1011, cert denied 450 US 931).
The facts that this encounter took place at approximately 4:30 a.m., the defendant’s companion immediately dropped his bag and fled when the police approached, the defendant attempted to flee and dropped his bag, and a. bulge was observed in the defendant’s sock, which turned out to be a screwdriver, a potential burglar’s tool, have the cumulative effect of justifying the police officer’s actions in opening the bag the defendant had been carrying as reasonable and proper under the circumstances. Therefore, the physical evidence discovered should not have been suppressed.
Insofar as the admissibility of the defendant’s statements is concerned, his statement at the arrest scene may not be
Case-law data current through December 31, 2025. Source: CourtListener bulk data.