People v. Pacheco

We are, once again, confronted with the right of police to conduct a search where there is a street encounter. This time, however, the evidence indicates a somewhat different context.

Defendant was arrested and charged with possession of a gun. He moved for an omnibus hearing to suppress the gun and certain statements alleged to have been made by him to the arresting officer. Initially, the motion was denied without a hearing. The motion court thereafter reversed itself. The hearing court, after listening to the testimony, denied the motion to suppress physical evidence. It granted, in part,…