People v. Simkins

In People v. Simkins, 256 A.D.2d 132 [1st Dept. 1998], lv denied 93 N.Y.2d 979 [1999], the defendant avoided uniformed officer six times during a 2 1/2 hour period as she stood in high drug-prone location. She then walked across the street as the officer and his partner approached her. When asked about her identity and reason for being in the area, the defendant "mumbled unintelligibly in a manner suggesting the presence of something in her mouth." The First Department held that "under the circumstances, there was reasonable suspicion to believe that defendant was involved in a crime given the officer's prior observations of suspects secreting drug vials in their mouths during arrest encounters in this very area, and this justified ordering defendant to spit out the vials contained in her mouth" ( id. at 132).