People v. Teresinski

Opinion

TOBRINER, J.

The People appeal from an order dismissing charges of robbery. The dismissal follows an earlier order suppressing evidence obtained as a result of the search of defendant’s car.

As we shall explain, a police officer, lacking an objectively reasonable basis for suspecting criminal activity, detained defendant’s car. Consequently that detention violates the Fourth Amendment, and both physical evidence of the robbery found in the car and identification testimony procured by exploitation of the illegal detention cannot be admitted into evidence. Because no admissible evidence…