People v. McFadden

In People v. McFadden, 136 AD2d 934 (4th Dept. 1988) while patrolling area known for narcotics at 10:30 p.m., police observed a number of individuals entering and exiting a motor vehicle. The crowd quickly fled upon the approach of the officers. The officers told one of the persons to approach. The defendant asked "who me?" and then took off running. After giving chase, the officers recovered several glassines of cocaine dropped from a coat in the pursuit. The court held that under these circumstances the pursuit of the police was unlawful because the police had no reasonable suspicion that criminal activity was afoot.