In New York, it is well established that to legally stop a vehicle, a police officer must have reasonable suspicion, based on objective evidence, that the car’s occupants were involved in a crime. Courts go back and forth on what it means for an officer to have “reasonable suspicion.” If an officer knows that an area has high crime rates, does this knowledge alone give the officer the required “reasonable suspicion” to stop a vehicle?
A recent opinion published by a New York court affirms that an officer’s general knowledge of crime in an area is insufficient to establish reasonable suspicion on its own. In the case, a police officer went to a residence in Queens after reports of an alleged burglary. The 911 call indicated that two men were entering the back of the residence. The officer arrived at the scene and noticed a car in front of the house. The car that was at the residence left the home upon the officers’ arrival. Officers followed the car, stopped and searched the car, and arrested the driver for carrying concealed weapons in the vehicle.
Upon further review, however, the court learned that the officers did not have legal grounds to stop the car. The car’s driver was a female, whereas the burglary suspects were both males. There was nothing indicating that the driver might have been involved in the burglary, and it was not enough for the officers to cite the fact that the neighborhood was a high crime area.
As we have written extensively, if you have been stopped by a police officer, remember that you have rights that you can exercise. You have the right to remain silent, and you have the right to an attorney. If you believe that an officer may have stopped you illegally, contact a trusted New York criminal defense attorney that can examine the facts of your case and help you make an informed decision about how to move forward. It is all too common for police officers to misinterpret the law and misuse their power, and an experienced attorney can help you fight back.
Do You Need a New York Criminal Defense Attorney in Your Corner?
At Tilem & Associates, we help you defend your freedom because we understand how much is at stake when you are fighting criminal charges. If you are looking for a New York criminal defense attorney that is informed, aggressive, and client-centered, contact our office today. We are well-known for our dogged approach to every case we take on, and we would be proud to stand by you as we fight your criminal charges together.
For a free and confidential consultation with a New York criminal defense attorney at Tilem & Associates, you can reach us at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach back out as soon as possible regarding next steps. Our firm covers DUI cases, drug offenses, assault and battery charges, theft, firearm charges, violent crimes, and more.