PEOPLE v. APRIL POPE

Friday, February 15, 2002

Supreme Court

Bronx County

CRIMINAL TERM, PART 39

Justice Cohen

PEOPLE v. APRIL POPE " The defendant, April Pope, is charged with the crimes of Criminal Possession of a Forged Instrument in the Secon.....

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Friday, February 15, 2002

Supreme Court

Bronx County

CRIMINAL TERM, PART 39

Justice Cohen

PEOPLE v. APRIL POPE ” The defendant, April Pope, is charged with the crimes of Criminal Possession of a Forged Instrument in the Second Degree (PL?§170.25), and Aggravated Unlicensed Operation of a Motor Vehicle in the Second and Third Degrees (VTL ?§?§511(2)(a)(iv) and 511(1)(a)). She has moved to suppress an allegedly forged New York State Driver’s license taken from her when her automobile was stopped at a police checkpoint on a residential street, at the corner of W. 174th Street and Grand Avenue, in The Bronx. In addition, she has moved to suppress a statement she made to a police officer during the course of that stop.

At a combined Mapp/Huntley hearing the People called Police Officer Michael Feltham and Sergeant Mary Lennox-Craig. The defense did not call any witnesses.

The People’s evidence is undisputed and the sole question for the Court to decide is one of constitutional dimension which, to my knowledge, has not been decided by our learned appellate courts in New York since the United States Supreme Court’s decision in Indianapolis v. Edmond, 531 U.S. 32; cf. In the Matter of Muhammad F. and People v. Boswell, 94 NY2d 136; People v. Scott, 63 NY2d 518; People v. John BB., 56 NY2d 482; People v. Jackson; 285 AD2d 416; People v. Mirin, 280 AD2d 495.

For the reasons hereinafter set forth, the Court finds that the checkpoint stop of defendant’s automobile was unconstitutional, despite its non-discretionary implementation pursuant to “Written [New York City Police Department] Checkpoint Guidelines” ¹ because its primary purpose was to advance ” ‘the general interest in crime control’ “ , quoting Delaware v. Prouse, 440 U.S. 648, at 659, n.18; Indianapolis, at 43.

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PEOPLE v. APRIL POPE

Friday, February 15, 2002

Supreme Court

Justice Cohen

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Supreme Court

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