People v. McLoyd

OPINION OF THE COURT

Lawrence K. Marks, J.

This case presents the issue of whether the police may fore*776ibly detain a bystander they observe speaking with the target of their investigation whom they are about to arrest. A corollary issue is whether the bystander has standing to challenge whether the police had probable cause to arrest the target in the first place.

George McLoyd, the defendant and bystander, has been indicted for criminal possession of a weapon in the second degree. He moves to suppress a loaded firearm police officers seized from him after they forcibly detained him on the street…