‘Lights and sirens’ not required for traffic stop, says Brooklyn judge
Stopping in front of a vehicle is not an aggressive police stop, Brooklyn Supreme Court Acting Justice Joel Goldberg ruled.
Police officers reportedly observed a Nissan Altima with excessively tinted windows fail to complete a stop at a stop sign. At the same time, police received an anonymous 911 call stating that a man in the same Altima had a gun.
In an attempt to ascertain whether or not a gun was in the car, as well as to cite the driver for traffic violations, police officers cut in front of the car to prevent it from going any further. Once they pulled the car over, police saw an occupant fumbling to hide a gun.
Queens defense attorneys Robert DiDio and Danielle Muscatello attempted to suppress evidence of the recovered gun, arguing that the police were unwarranted in the aggressive manner by which they stopped the defendant’s car. They also argued that the aggressive stop startled the defendant, which is what allowed the police to discover the weapon.