In a recent case in Bronx Criminal Court, Judge John Wilson threw out the criminal charge of attempted criminal possession of a weapon against a defendant named Black.
Police Heard Gun Shots
Police Officer’s testified they heard gunshots. Upon hearing the gunshots, they traveled in the direction of the sound of the shots. While traveling in that direction, they observed Mr. Black and two other individuals. They initially were walking. When the police approached the three of them, the two other individuals stopped. However, Mr. Black continued to walk and thereafter started to run as the officers pursued him.
The police officers testified when they saw Mr. Black running, his right arm had been tucked over his waistband. Upon being questioned further, they stated they did not know what type of object, if any, he had at that time.
The District Attorney asserted that the police officers had a reasonable suspicion of criminal activity due to Mr. Black’s actions after they heard the gun shots.
Gun Evidence Thrown Out By Court
The Court took into consideration no evidence was submitted to show Mr. Black and his friends were involved in the gun shots. The Assistant District Attorney claimed the gun shots and Mr. Black’s actions gave the officer’s objective credible reason to approach and make an inquiry. However, the Court took the position there was no nexus between the gun shots and Mr. Black’s actions. The Court held Mr. Black had the right to refuse to cooperate with the police. He could walk away if he wanted, or run away. The Court felt the police officers were not justified in stopping and pursuing him. The Court’s decision was there was an absence of probable cause to stop Mr. Black, search him and seize the gun. Therefore the Court suppressed the gun from being introduced into evidence.
No gun, no case!