People v. Robinson

I respectfully dissent. In my view, the evidence at the suppression hearing does not support County Court’s conclusion that the police had probable cause to believe that defendant violated Vehicle and Traffic Law § 1227 (1). The stop of defendant’s vehicle therefore violated the constitutional protections against unreasonable seizures (US Const Fourth Amend; NY Const, art I, § 12), and the evidence obtained as the result of that stop should have been suppressed.

The determination of probable cause hinges upon the testimony of the police captain (then a lieutenant) who first observed defendant…