Majority
p. 585The People of the State of New York, Respondent, v Donald A. Burpee, Appellant.
— Judgment unanimously reversed on the law, motion granted and indictment dismissed. Memorandum: The police stopped defendant’s car based solely on an anonymous telephone tip that defendant possessed cocaine. Defendant was seized when the car was stopped (see, People v Sobotker, 43 NY2d 559 ). In order to justify the stop,
p. 586
the police needed reasonable suspicion based on specific and articulable facts that defendant committed a crime (see, People v Ingle, 36 NY2d 413 , 418-420). The anonymous tip provided neither reasonable suspicion (People v Sobotker, supra; People v La Pene, 40 NY2d 210 , 222-224) nor probable cause (see, People v Bigelow, 66 NY2d 417 , 423-424) to justify the stop. To the extent that the decision in Alabama v White ( 496 US 325 ) may be interpreted to support a contrary result, it is clear that this decision and the totality of circumstances test of Illinois v Gates ( 462 US 213 ) upon which it relied, is unacceptable as a matter of State constitutional law (see, People v Johnson, 66 NY2d 398 , 406). Since the stop of defendant’s car was unlawful, the contraband seized must be suppressed (see, Wong Sun v United States, 371 US 471 ). (Appeal from Judgment of Niagara County Court, Hannigan, J. — Criminal Possession Controlled Substance, 5th Degree.) Present — Doerr, J. P., Green, Pine, Lawton and Davis, JJ.
Cases cited
- People v. Sobotker 43 NY2d 559 p. 585
- People v. Ingle 36 NY2d 413 at 418-420 p. 586
- People v. De Bour 40 NY2d 210 at 222-224 p. 586
- People v. Bigelow 66 NY2d 417 at 423-424 p. 586
- Alabama v. White 496 US 325 p. 586
- Illinois v. Gates 462 US 213 p. 586
- People v. Johnson 66 NY2d 398 at 406 p. 586
- Wong Sun v. United States 371 US 471 p. 586