If a police officer has reason to suspect that an unrelated crime was or is about to be committed, is this a pretextual stop?

"New York", United States of America

The following excerpt is from People v. Sanchez, 178 Misc.2d 695, 681 N.Y.S.2d 428 (N.Y. City Ct. 1998):

If the police have a reasonable suspicion that an unrelated crime was or is about to be committed an automobile stop is justified on that ground alone. People v. Tillie, 239 A.D.2d 670, 657 N.Y.S.2d 791, 794 (3d Dep't 1997). If "reason to suspect" is not equivalent to "reasonable suspicion," so long as the officers intend to stop an automobile for a traffic offense, whatever other motivations they simultaneously entertain appear to be irrelevant under Washington. Thus the conclusion that a stop is not pretextual if "based upon the officer's observation" of a violation of the vehicle and traffic law, People v. Jackson, 241 A.D.2d 557, 661 N.Y.S.2d 247, 248 (2d Dep't 1997), is simply the outcome of an objective test.

Other Questions


What is reasonable suspicion of criminal conduct when a police officer stops a person at a bus stop? (MultiRegion, United States of America)
When a hearing officer disagrees with a decision made by the reviewing officer on the issues with which he disagreed with the hearing officer, how will the review officer's decision be considered? (MultiRegion, United States of America)
If a defendant denies committing the crime with which he is charged but asserts that if he did commit the crime he was entrapped into doing so, can he rely on these inconsistent defenses? (MultiRegion, United States of America)
Does a black police officer who reports overhearing racial slurs made by other police officers against black citizens have to engage in protected activity? (MultiRegion, United States of America)
What is the test for a plaintiff to sue a police officer for failing to stop a fleeing suspect? (MultiRegion, United States of America)
What is the test for a police officer to arrest a suspect who is not a suspect in a criminal offence? (MultiRegion, United States of America)
When a motorcyclist is stopped by police in a "hot pursuit" vehicle, can the police use the phrase "police pursuit" doctrine? (MultiRegion, United States of America)
What is the test for a police officer to continue shooting after the suspect has stopped being dangerous? (MultiRegion, United States of America)
First, if a child is removed from their home by a police officer, would they assert that the seizure was reasonable and reasonable? (MultiRegion, United States of America)
What is sufficient to warrant a person of reasonable caution in the belief that the person to be arrested has committed or is committing a crime? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.