In People v. Cadle (2d Dept. 3/2/2010), the People appealed from an order from Kings County Supreme Court. On March 30, 2009, that court uphold the defendant's motion to suppress physical evidence arresting officers obtained during his arrest.
On the date of arrest, plain clothes officers observed the defendant holding his waistband in a "high-crime" area. The officers stated that the defendant appeared to be alarmed, as if he was "afraid of something." After viewing the officers, who were in an unmarked car, the defendant ran away. The officers pursued the defendant. During this pursuit, he discarded a gun.
The court held that the officers' pursuit of the defendant was illegal, and the defendant's actions—including discarding the gun—were directly related to this unlawful conduct. The court did not have reasonable suspicion that the defendant was carrying a gun. Merely touching one's waistband and acting nervous are not sufficient to justify a pursuit and stop. The physical evidence was therefore properly suppressed. (LC)
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