In People v. (Lance) Rodriguez, the New York Court of Appeals overturned a gun conviction, suppressed the loaded weapon and held New York City police violated both the federal and state constitutions when they stopped a bicyclist. The court held that police stops of bicyclists will be treated in the same manner as a stop of a moving motor vehicle for purposes of the Fourth Amendment.
The court concluded that the police interference with Rodriguez was a seizure requiring reasonable suspicion of a criminal offense or probable cause of a Vehicle and Traffic Law violation. Police alleged that the Queens bicyclist rode somewhat recklessly, to the extent that motorists had to either stop or go around him to avoid hitting him. But the bicyclist wasn’t charged with a moving violation.
The attention of the police was also drawn to Rodriguez because he held in one hand a bulky object at the waistband of his pants. He later admitted to officers it was a loaded firearm when they observed him on his bike holding what turned out to be a loaded firearm in his waistband. The decision not only ensures that bicyclists cannot be stopped based on an officer’s hunch or curiosity, but it also ensures that the police may not initiate an encounter with them absent reasonable suspicion of a crime or probable cause of a traffic violation.
Call or text Buffalo Criminal Defense Attorneys Friedman & Ranzenhofer, PC at 716.333.5144 if you are charged with illegal possession of a firearm or other gun law crime.
