People v. Martinez

In accordance with established precedent in this department, I would hold the appeal in abeyance and remit the matter to the Supreme Court for a Mapp (Mapp v Ohio, 367 US 643) hearing since it was error to summarily deny the defendant’s motion to suppress physical evidence.

In an omnibus motion, defendant moved, inter alia, to suppress certain evidence alleging that:

"The accused was in a public place acting in a lawful manner. When he was stopped and searched, the police officers removed pre-recorded buy money and other currency from his person.

"There was no reasonable suspicion, at the time…