Vehicle Retention
Police Department did not show valid basis for motorcycle stop.
The Police Department sought to retain respondent's motorcycle seized in connection with his arrest for reckless driving and other offenses. Administrative Law Judge (ALJ) Kevin F. Casey found that the arresting officer's assertions in the arrest and complaint reports, that respondent drove in a "reckless manner" and was "observed in possession" of a large quantity of illegal drugs, were insufficient to show reasonable suspicion for the stop of respondent's vehicle or probable cause for his arrest, and he ordered the Police Department to release the motorcycle.
Police Dep't v. Zharkov (in PDF), OATH Index No. 242/14, mem. dec. (Aug. 12, 2013).