People v. Thomas

Tom, J.P. (dissenting).

Because the detention of a motorist for *45the purpose of inspecting documentation involves a level III encroachment on individual freedom under People v De Bour (40 NY2d 210, 223 [1976]) and it is undisputed that the police lacked any reason to suspect criminality, I respectfully dissent and would affirm the suppression order.

There is no dispute concerning the material facts. Defendant’s vehicle was standing at a fire hydrant on the south side of 142nd Street, a one-way street for eastbound traffic. The engine was running and defendant was seated behind the steering wheel…