People v. Abad

In People v. Abad, 98 N.Y.2d 12 [2002], the defendant, who was a passenger in a livery cab, challenged the stop of that vehicle pursuant to the TRIP program. Vehicle owners who enrolled in the program were issued decals authorizing a brief stop and inspection of those vehicles as part of a program to combat robberies and murders of livery drivers. The Court of Appeals determined that (at 17), "TRIP . . . properly balances the competing interests under Brown v. Texas." It is significant to note that in Abad, the Court reiterated its concern regarding the use of roving patrols as opposed to vehicle check points or other less intrusive procedures. "In Matter of Muhammad F [1999], we were troubled by the lack of evidence of the effectiveness of conducting random, suspicionless patrol stops, as opposed to less intrusive methods, particularly given the 'elevated potential intrusiveness and . . . greater opportunities for the unlimited exercise of discretion by police' implicated by such stops." (People v. Abad 98 N.Y.2d at 17-18.)