Court of Appeals – Vehicle stop: People v. Ehinmiakhena

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New York State Court of Appeals

Vehicle stop — Suppression — Legality for post-stop observations

People v. Ehinmiakhena

No. 29

Memorandum

Background: The defendant was charged with aggravated unlicensed operation of a motor vehicle and unlicensed driving after a police officer stopped the vehicle for an unspecified reason. The complaint alleged that a computer check from DMV records indicated that the defendant’s license was suspended for failing to answer a summons and pay a fine. The defendant appealed from the denial of his motion to suppress evidence of his behavior for the illegal stop.

Ruling: The Court of Appeals remitted for a hearing on the suppression hearing. The court did not opine on the defendant’s argument nor the legality of the vehicle stop or its role it played in the determination. The Court of Appeals noted that the people have to do more than refuse to concede the truth of facts alleged by the defendant for a hearing to be held. The court held that the legality of the stop may be essential to determine the suppressibility of post-stop observations.

Kristina Schwarz for the appellant; Brent Yarnell for the respondent.

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