In a recent gun case in New York, the court denied the defendant’s appeal to suppress incriminating evidence. The defendant argued that the officers who originally found the gun on his person were unreasonable in the way they stopped and searched him. The court disagreed, siding with the police and affirming the original guilty verdict.
Facts of The Case
According to the opinion, the defendant was stopped by police officers one evening in September 2020. On the night of the incident, officers noticed the defendant because they had recently received a call while patrolling the area telling them to search for a Black male with a white t-shirt and a black backpack. Allegedly, pedestrians had seen a person fitting this description shooting a gun at approximately 10:30pm that same night.
When the officers arrived at the street corner where they had been summoned, they noticed several Black men, but only one Black man with both a white t-shirt and a black backpack. They stopped the man, who later became the defendant in this case. The officers removed the defendant’s backpack, opened it, looked inside, and found a handgun that could have been used in the shooting that had happened a few minutes prior. The officers then proceeded to handcuff the defendant and take him into custody.