In People v. Brogdon, 8 AD3d 290 (2d Dept. 2004), the court reviewed whether the police had a legal reason to stop and pursue a defendant under similar facts and circumstances and the court concluded they did not. In that case, a defendant carrying two plastic bags was seen "hanging out" in a "drug prone location" with a man the police had arrested several times for drug trafficking and was banned from the building they were standing in. The officer indicated that when he approached the defendant and the other individual (to arrest the individual for trespassing), the defendant made eye contact with the officer and fled. The officers pursued the defendant and were eventually able to grab him. The officers recovered a handgun and ammunition from a bag dropped during the pursuit. In suppressing the recovered evidence, the court concluded that under these facts "there was no specific circumstances that the defendant might be engaged in criminal activity ...thus the pursuit of the defendant was unlawful..." (See Brogdon at 292.)