1250 Broadway, 27th Floor New York, NY 10001

THE GRETA GARBO DEFENSE?

While a Lexus was stopped for illegally-tinted windows, Javon Major was observed accepting a black bag from the driver. When confronted, Major threw the bag onto the trunk of a nearby car, causing the container to open and revealing it was filled with cannabis.

Arrested and convicted of criminal possession of marijuana in the third degree, Javone appealed to the Appellate Division, First Department, which questioned the propriety of Javone's apprehension and arrest.

The AD1 thought that officers lacked a "reasonable suspicion" to engage Javone and that he had a constitutional right "to be let alone"--that he was free to walk away. Apparently, upon encountering the police, Javone didn't run or dart beyond a car, nor changed direction upon encountering the police. And without knowledge that the item was related to a drug transaction, the mere suspicion of an illegality wasn't enough to justify the guy's arrest. So, the case ended up getting tossed.

That was a Major win for Javone.

To view a copy of the Appellate Division's decision, please use this link People v. Major

Categories: