A police officer cannot stop a pedestrian or motorist for just any reason. New York criminal law requires that an officer possesses reasonable suspicion before initiating a pedestrian stop or motor-vehicle stop. Specifically, the officer must have a reasonable suspicion that “a crime has been, is being, or is about to be committed.” An officer’s reasonable suspicion cannot rest on a “hunch,” and must be supported by articulable facts.
In a recent New York gun crime case, a state appellate court issued an opinion discussing the concept of reasonable suspicion and whether the officer that arrested the defendant for a gun while on a public bus possessed such suspicion when he asked the defendant if he had a gun. Ultimately, the court concluded that the officer did possess a reasonable suspicion and affirmed the denial of the defendant’s motion to suppress.
According to the court’s opinion, police officers responded to a call for a shooting. Upon arrival, police located a gun-shot victim, who described the alleged shooter as a male wearing all black clothing, including a black hoodie. The victim also told the officers that the alleged shooter got on a bus at a nearby stop.