People v. Jerome

Fein, J. (dissenting).

I would affirm the order granting suppression.

The preliminary issue is whether the circumstances leading to the discovery of the weapon found upon the defendant arose from an unreasonable intrusion upon defendant’s right of privacy. The basic question is whether the police had sufficient cause to stop the vehicle in the first instance. If they did not, any subsequent search or frisk was not authorized. The predicate for police action must be facts sufficient to justify a stop and an inquiry. A stop is less intrusive than an arrest and thus does not require probable…