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Gun suppressed for improper vehicle stop

In People v. Fitts [KA 18-00872] the Fourth Department ruled that the stop of a suspicious vehicle in an area where shots were fired was improper and, consequently, the handgun recovered required suppression. The Fourth Department emphasized that although the the officer observing the vehicle had sufficient cause to approach the vehicle he was without probable cause necessary to justify the intrusion of a forcible vehicle stop. it is important to note th

at there was a lack of evidence that a vehicle was used in the shooting or a description of a vehicle. Presumably, if the prosecution had such evidence and produced t he same at the suppression hearing, the stop would have been upheld. Since the stop was invalidated the Fourth Department declined to reach the defendant's other grounds for appeal.

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