People v. Brannon

In People v. Brannon, 16 NY3d 596 (2011), the defendant was walking along a street in Manhattan. A police officer stopped defendant and seized what turned out to be a gravity knife. The officer described that he could see the hinged part of a knife in defendant's back pocket. Upon approaching closer to defendant, the officer saw the outline of a knife through the material of defendant's back pocket. The officer testified that the knife looked like a "typical pocket knife" (16 NY3d at 600). Upon questioning, defendant admitted he had a knife. The officer then frisked defendant and recovered what turned out to be a gravity knife. The Supreme Court denied defendant's motion to suppress, finding that the stop and search were proper. The Appellate Division affirmed (60 AD3d 498, 499 [1st Dept 2009]). The Court of Appeals reversed. The Court of Appeals held that in order to have reasonable suspicion to believe that an individual possesses a gravity knife, the detaining officer must have reason to believe that the object is indeed a gravity knife based on: (1) his or her training and experience; or (2) discernable aspects of the knife itself. In Brannon, the officer never testified that he suspected the knife was a gravity knife. Hence, suppression was appropriate.