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Encounter in a housing project was consensual and defendant fled

By John Wesley Hall, Jr.

NYPD Housing Bureau was working a housing project to deter crime, and they encountered the defendant who seemed not to belong and asked him for his ID, trying to ascertain why he was there. He fled instead and was caught and said "I'm holding" when they grabbed him. Besides a gun, drugs were found. All this was reasonable because he was not stopped or unlawfully detained when they asked for his ID. United States v. Mason, 2008 U.S. Dist. LEXIS 16507 (E.D. N.Y. March 4, 2008)*: There is no indication that any of these factors was present when Officer Porras asked if defendant was a resident of the building, requested defendant's identification, and asked where he was going. Until the defendant attempted to flee, the Officers remained several feet away from defendant...continue to full post

Full post as published by Fourth Amendment on March 07, 2008 (boomark / email).