Summary
In People v. Sass, 217 AD2d 428, the First Department held the officer's direction to the defendant to keep his hands within the officer's view was proper to maintain security after the defendant was observed attempting to hide a bag under the front passenger seat of the car.
Summary of this case from People v. MayolOpinion
July 6, 1995
Appeal from the Supreme Court, Bronx County (Harold Silverman, J.).
Giving due deference to the hearing court's findings of credibility and fact ( People v. Fonte, 159 A.D.2d 346, lv denied 76 N.Y.2d 734), the record supports the court's determination that the police acted reasonably, beginning with the stop of the livery cab in which defendant was riding through the recovery of the contraband that defendant sought to suppress. The initial stop of the vehicle was proper because the police, patrolling at night in a high crime area, observed the driver of the livery cab pass a red traffic light ( see, People v. Ellis, 62 N.Y.2d 393, 396). The arresting officer acted reasonably in opening the front passenger door of the vehicle for safety purposes upon observing heightened activity in the front passenger side of the car through the darkly tinted windows, following defendant's refusal to heed the repeated direction of the officer to lower the front passenger side window ( see, People v. Harris, 160 A.D.2d 515, lv denied 76 N.Y.2d 789). Further, the officer's direction to defendant to keep his hands within the officer's view and to exit the car while the driver's paper work was being investigated was proper to maintain security after defendant was observed attempting to hide a bag under the front passenger seat of the car and another individual was observed in the rear seat of the car ( People v. McLaurin, 70 N.Y.2d 779, 781-782). Thereafter, following defendant's arrest for an assault on the police officers, the police lawfully seized the bag from the vehicle on the ground that defendant's furtive actions and assaultive behavior against the police provided a reasonable belief that the bag defendant attempted to hide contained a gun or some other form of contraband ( People v. Blasich, 73 N.Y.2d 673, 680). Indeed, as noted by the hearing court, to leave a bag reasonably suspected of containing contraband in a livery cab would pose a danger to public safety, and thus its seizure falls outside the warrant requirement ( see, People v. Gokey, 60 N.Y.2d 309, 312).
Concur — Sullivan, J.P., Ellerin, Wallach, Williams and Mazzarelli, JJ.