Keith Boswell, Appellant.
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These appeals arise out of motions to suppress evidence introduced against occupants of taxicabs that were stopped by police officers assigned to a Taxi-Livery Task Force in New York City. The procedure of the police was essentially the same in both cases. The officers were in plain clothes, using unmarked police cars, on a roving patrol. They selected a location in an area having a high incidence of taxi robberies.
In the absence of probable cause, suspicious behavior or any illegal activity on the part of the driver or passengers, they pulled over a predetermined percentage of livery vehicles. For the reasons that follow, we conclude that the stops in both of these cases were unreasonable seizures violating the Fourth Amendment of the U. The material facts in these cases are not in dispute.
In Muhammad F. Respondent was subsequently adjudicated a juvenile delinquent. According to the suppression hearing testimony of the commanding officer of the Taxi-Livery Task Force, the unit was created in to address the high incidence of violent crimes against cab drivers.
The taxi program targeted certain neighborhoods, especially between P. Special attention was given to cabs with passengers. Members of the Task Force would stop a taxi, hand the driver a pamphlet with safety tips and question the cab driver as to his safety, while at the same time watching the reaction of the passengers in the cab.
There were no written guidelines as to how the taxi stops were to be carried out. The number of stops the officers were to make on their tour throughout the night was totally within their discretion. The officers did not keep any written record of stops they had made. On the night of July 7, , the patrolmen parked their unmarked car just off th Street in Manhattan to conduct taxi safety checks.
The officers decided to check one in three occupied cabs. The third vehicle the officers saw which they believed to be an occupied taxicab was the non-medallion taxi in which respondent was riding. They turned onto th Street to drive up behind the vehicle, put a flashing light on the dashboard and pulled over the vehicle. One officer then approached on foot while shining a flashlight into the car.
When he saw that respondent was acting suspiciously, he ordered the passengers out of the car and searched the back of the cab, where he found a paper lunch-style bag containing crack cocaine. Respondent was arrested. Supreme Court denied Muhammad F. The Appellate Division reversed A. One Justice dissented.
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Petitioner presentment agency appealed pursuant to leave granted by the Appellate Division. In Boswell, defendant was arrested by a plainclothes Sergeant and patrolman belonging to the Taxi-Livery Task Force after their unmarked car stopped a taxicab in which defendant was a passenger. Boswell was also found to be in possession of illegal drugs. At the suppression hearing, the patrolman testified that the Taxi-Livery Task Force established locations to stop cabs and hand out safety tips and other literature to the driver.
The officers usually stopped every third cab, but there were no written procedures. The Sergeant supervisor determined when to initiate and suspend the operation. The officers, both in plain clothes, were working a night shift on February 27, , when the Sergeant decided to set up operations on Exterior Avenue in the Bronx.
The two officers did not stop the first two passing cars they believed to be cabs. When a third passed by them, the officers followed it and pulled it over. After the taxi had stopped, the testifying officer shined his flashlight at defendant, noticed he was attempting to conceal a plastic bag and asked him to exit the cab. The bag contained packets of crack cocaine, and defendant was charged with criminal possession of a controlled substance in the third degree.
Supreme Court suppressed the evidence obtained as a result of the stop. A brief, suspicionless stop of an automobile, while far less intrusive than a traditional arrest, nonetheless qualifies as a seizure see, Michigan Dept. Sitz, U. Spencer, 84 N. Texas, U. Spencer, supra, at , N. In Michigan Dept. Sitz, supra, at , S.
Employing these standards, in United States v. Brignoni-Ponce, U.
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The road was dark, and they were using the patrol car's headlights to illuminate passing cars. By contrast, United States v. Martinez-Fuerte, U. At the checkpoint, still without reasonable suspicion, a uniformed agent directed some of the automobiles to a secondary inspection area for further inquiry regarding the citizenship and immigration status of the occupants id. After noting the substantial public interest furthered by the practice of routine stops at permanent checkpoints near the border id.
The checkpoint, however, was not required to scrutinize every car in the same manner id. In addition, the Court in Martinez-Fuerte reemphasized the decisiveness of limiting the discretion of officers in the field. Subsequently, Delaware v. Prouse, U.
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Thus, Delaware v. Spencer, supra, 84 N. By contrast, suspicionless stops of vehicles to conduct sobriety checks at checkpoints under written guidelines are constitutional, even if the location of the roadblock regularly changes Michigan Dept. Sitz, supra, U. Scott, 63 N. The victim is a white male, with an estimated age between years old.
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He has black hair that is starting to gray, the eye color could not be determined. There were no scars, marks, or tattoos noted. The victim was wearing a pair of black swim trunks with green stripes. He had a white t-shirt tangled in the chain. This model depicts what the victim may have looked like.
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Mobley was found murdered at approximately PM on February 7, in the garage of her home. At the time of her murder, Mrs. Mobley lived alone and was in the middle of divorce proceedings. Case Petersburg, Fl This case is related to the murder of Eleanor Swift. These cases are believed to have been committed by the same individual. Both women were found murdered in their bedrooms. Similarities found in both cases are: 1 The victims were both elderly white females who lived alone.
There was evidence of a struggle throughout the house. There was no forced entry into the house. There was evidence of a struggle. Her vehicle was stolen and recovered on the Courtney Campbell Causeway in Clearwater. The suspect description is from a witness who saw a strange subject near the store prior to it opening. The suspect is a white male, mid 20's, 5' 10" to 6', lbs. It is believed the supsect befriended the victim and was living with him. The victim's stolen car and credit cards were never recovered. The cards were used extensively between Ft. Suspect 1's description was obtained from the Springfield, OH Police Department on at a Holiday Inn where the credit card was used.
Suspect 2's description was obtained from the Montgomery County Ohio Sheriff's Office when the suspect tried to sell the victim's car on Her decomposed body was found at the above location. This case was received from the Madeira Beach Police Department. Petersburg, Fl The victim was found on his back on the beach.
His fishing gear was scattered as if a struggle had taken place. Robbery does not appear to be the motive. The left eye is artificial glass. The date of death was estimated between days earlier. She was most probably abducted from the parking lot of the hospital. She was not reported missing until Her car was found in the hospital parking lot.
It is unclear if her car was used in the abduction.