In People v. Parker , although men in a car were observed engaged in "suspicious behavior," officers failed to stop the vehicle. Once the car was no longer in sight, the officers heard radio broadcasts which described a robbery committed by individuals who bore a resemblance to the men they had previously encountered. When officers later crossed paths with that same vehicle, they noticed two of the three passengers matched the robbery suspects' description.
After stopping and removing the passengers, the officers discovered a gun in the car, arrested the group and subjected them to a "showup" identification. During the course of his trial, the New York County Supreme Court denied Karim Parker's request to suppress the physical evidence retrieved from the vehicle, and ultimately convicted him of robbery in the first degree and sentenced him to 7 years.
On appeal, the Appellate Division, First Department, found officers had a legal basis -- or "probable cause" -- to arrest Karim and his companions once they were believed to have matched the robbery suspects' descriptions.
The AD1 noted "[e]ven if, prior to the discovery of the pistol, the police still had no more than reasonable suspicion, a limited check of the car for weapons was still permissible since the circumstances posed a threat to the officers' safety." (The AD1 could also discern no irregularity with the showup identification.)
Did Karim's case, careen out of control?
To download a copy of the Appellate Division's decision, please use this link: People v. Parker