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People v. Crump

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 902 (N.Y. App. Div. 1995)

Summary

In People v. Crump (217 A.D.2d 902, 903 [4th Dept 1995]), the Court sustained suppression due to the lack of"reasonable suspicion" where the radio transmission described the wanted vehicle as a "dark-colored vehicle, possibly a Cadillac".

Summary of this case from People v. Scheu

Opinion

July 14, 1995

Appeal from the Onondaga County Court, Cunningham, J.

Present — Denman P.J., Lawton, Wesley, Balio and Boehm, JJ.


Order unanimously affirmed. Memorandum: The record supports the determination of the suppression court that the police lacked reasonable suspicion justifying the stop of the vehicle driven by defendant. A police officer received a radio transmission that shots had been fired and that a dark-colored vehicle, possibly a Cadillac, was seen speeding from a specified area. Some eight minutes later, the officer observed a brown Cadillac parked on a street about one or two minutes from that area. When the officer drove by the Cadillac, the occupants looked away from the police car. After the Cadillac left the parking space and proceeded past the police car, the officer followed and stopped it. Those circumstances were insufficient to provide the officer with reasonable suspicion that defendant had committed or was about to commit a crime ( see, People v. May, 81 N.Y.2d 725; see generally, People v. Banks, 85 N.Y.2d 558; People v Spencer, 84 N.Y.2d 749; People v. Cantor, 36 N.Y.2d 106, 112-113).


Summaries of

People v. Crump

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 902 (N.Y. App. Div. 1995)

In People v. Crump (217 A.D.2d 902, 903 [4th Dept 1995]), the Court sustained suppression due to the lack of"reasonable suspicion" where the radio transmission described the wanted vehicle as a "dark-colored vehicle, possibly a Cadillac".

Summary of this case from People v. Scheu

In People v. Crump (217 A.D.2d 902) the First Department held a vehicle stop based on a radio transmission that "shots had been fired and that a dark-colored vehicle, possibly a Cadillac, was seen speeding from a specified area," to be bad.

Summary of this case from People v. Hernandez
Case details for

People v. Crump

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ODOI CRUMP, Also Known…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 14, 1995

Citations

217 A.D.2d 902 (N.Y. App. Div. 1995)
629 N.Y.S.2d 602

Citing Cases

People v. Scheu

In the within case, the meager description of a "dark Ford" was not specific enough to describe the stopped…

People v. Hernandez

(People v. John BB., supra, at 487-488.) In People v. Crump ( 217 A.D.2d 902) the First Department held a…