Suppressing Gun Tossed from the Car As Evidence
In People v. Boodle (47 NY2d 398), the Court found that evidence revealed as a direct consequence of unlawful police action is tainted and must be suppressed.
In Boodle, the defendant entered the police car at the officer's request.
The Court found this may not have been coerced, but the officer's command to "keep your hands where I can see them" demonstrated that his freedom of movement was significantly restrained.
The Court further stated that when the officer began to drive without explanation, he substantially infringed on the defendant's liberty.
"Since prior to the seizure of the defendant the police wholly lacked evidence of probable cause linking him to criminal activity, the seizure was clearly unlawful." (Boodle, at 401.)
The gun, which the defendant in that case tossed from the car, was suppressed.