Gun Suppressed as Evidence Example Case in New York

In People v. Moore, 6 N.Y.3d 496, 847 N.E.2d 1141, 814 N.Y.S.2d 567 (2006), the police officers received information, from an anonymous tip, of a dispute involving a black male with a gun, approximately 18 years of age, wearing a gray jacket and red hat. When the officers approached the defendant, who fit the description, he began to walk away. No verbal inquiry was made, the officers drew their guns and yelled "police don't move." The defendant was then told again to put up his hands at which time the defendant made a movement towards his waistband. It was at this time that the officers in Moore, proceeded to pat down the defendant and recovered the gun. The Court reasoned that the officers acted hastily indicating "had the defendant . . . reached for his waistband prior to the gunpoint stop or actively fled from the police, such conduct, when added to the anonymous tip, would have raised the level of suspicion." Moore at 501. As a result of the impermissible police conduct the gun was suppressed.