People v. Tratch

Boyers, J.,

dissents and votes to affirm the order, with the following memorandum, with which O’Connor, J., concurs. The uncontradicted evidence presented at the suppression hearing, related here as follows, clearly indicated that there was not sufficient probable cause to justify the search of defendant’s shopping bag and the seizure of its contents. A police officer on *505radio motor patrol overheard a bulletin which was intended for a different patrol car. It reported that a man near a luncheonette had a gun. Having unilaterally decided to respond as a back-up unit, the officer arrived on the…