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The state's highest court has reversed an appellate court decision in a case involving a motion to suppress a gun found after a vehicle stop in Western New York.

The case centers on a 2017 arrest of a passenger on a weapon charge after being pulled over by a federal marine interdiction agent with the U.S. Customs and Border Protection, according to the opinion.

The New York Court of Appeals ruled the agent had the powers of a peace officer and could make a warrantless arrest, but the agent was not acting under his special duties at the time of the stop, according to the opinion. The defendant argued the stop was not a valid citizen's arrest due to the agent using his emergency lights to make the vehicle stop. The defendant cited the 2005 state Court of Appeals decision in People v. Williams. 

The trial court granted the defendant's motion to suppress and the appellate division unanimously affirmed. But the Court of Appeals ruled last week that in this case their decision in Williams was "inapposite."

The state's high court explained in Williams that state law "clearly distinguishes between the warrantless arrest powers of peace officers and private citizens," according to last week's opinion, adding there are differences that limit the circumstances and places where a peace officer can use police powers.

"We conclude that whether the federal marine interdiction agent in this case is a peace officer is ultimately critical to determining whether Williams applies under the circumstances," according to the ruling.

The defendant argued that "because the agent is generally employed by CBP, his position falls within CPL 2.15 (7)" according to the ruling. 

But the court rejected that argument and deemed it an "overly expansive interpretation of the statute."

The court ruled the agent is not a peace officer under state law because Criminal Procedure Law 2.15 does not list marine interdiction agents.

"The agent's conduct here did not violate the Legislature's prescribed limits on a peace officer's arrest powers because he is not, in fact, a peace officer," according to the ruling, which ordered the case remitted to the trial court for further proceedings in line with the decision.