As we have written about extensively, New York recognizes 4 levels of police intrusions during street encounters. Under New York law, when a police officer conducts a traffic stop, the officer cannot unnecessarily prolong the stop. If an officer does keep the driver beyond a reasonable amount of time, he or she must have “reasonable suspicion” that criminal activity is afoot. Whether the officer had reasonable suspicion is a decision that a court must make, and if the court ultimately finds that the officer did not have reasonable suspicion, the Court can grant a defendant’s motion to suppress whatever incriminating evidence the officer ended up finding during the traffic stop.
In a recent case before a New York court, the defendant argued on appeal that the officer conducting his traffic stop unnecessarily prolonged the encounter between the two of them. During the encounter, the officer found significant amounts of heroin in the defendant’s car. Originally, when the case was before a New York trial court, the court determined that the traffic stop and resulting search of the vehicle were both justified. The court denied the defendant’s motion to suppress the incriminating evidence.
Reasonable Suspicion v. Founded Suspicion
When the case went up on appeal, however, the higher court noted that the trial court used the incorrect standard while evaluating the case. Instead of asking whether the officer had “reasonable suspicion” regarding possible criminal activity, the trial court asked whether the officer had “founded suspicion.” This “founded suspicion” standard, said the higher court, is a lesser standard than “reasonable suspicion.”