Based on his training and experience with gun arrests, a New York policeman’s stop-and-frisk search of a man who adjusted his waistband after making eye contact with the officer was justified, a split appellate court ruled.

The 3-2 decision of the Appellate Division, Second Department, in People v. Fletcher, 1463/11, upheld Acting Brooklyn Supreme Court Justice William Garnett‘s denial of defendant Cliffton Fletcher’s motion to suppress evidence obtained in his February 2011 arrest.

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