People v. Brooks

The facts are basically as set forth in the dissent. We note, however, that the vinyl or leather bag in issue was “right alongside” of defendant when Officer Brenneisen picked it up. The officer testified that as he picked up the bag by its handles, “it just opened,” and at this point he saw the gun.

The radio transmission the officers received concerned a “man with a gun” and the description given over the radio was “a short male black with a plaid jacket, waving a pistol in front of 165th Street, West 165th Street and Anderson Avenue.” The conclusion drawn by the dissent is that, although…