People v. Oeller

Murphy, P. J., and Rubin, J.,

dissent in a memorandum by Rubin, J., as follows: At issue on this appeal is the propriety of police conduct in seizing defendant and illicit drugs found in defendant’s possession. Whether the police officers acted reasonably or in violation of defendant’s Fourth Amendment rights depends on whether the officers, one with gun drawn, were justified in directing defendant to remove his hand from his coat pocket.

Housing Authority Police Officer John Brown was on uniformed motor patrol with his partner, Officer Stephen Sanders, on the morning of October 15, 1989. At…