New York Court of Appeals Roundup: Court of Appeals Weighs in on Reasonable Suspicion
02.21.24
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In their column in the New York Law Journal, Litigation Partners Bill Russell and Linton Mann III discuss People v. Messano, in which the Court of Appeals recently considered whether the police had reasonable suspicion to detain the defendant and, even if the police lacked reasonable suspicion, whether the People met their burden of showing that evidence seized by the police should not be suppressed because that evidence was in plain view. In its decision, the Court reversed a ruling of the Appellate Division, Fourth Department, and found that the People failed to overcome the presumptive unreasonableness of the warrantless search, including by failing to establish that the evidence was in plain view absent the unreasonable detention of the defendant.
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