111 F. Supp. 3d 416
S.D.N.Y.2015Background
- On July 2, 2014, NYPD received an anonymous 911 tip describing a heavyset Hispanic man in an American-flag T‑shirt at White Plains Rd & Morris Park Ave carrying a silver pistol. Officers Rios and Grosso responded minutes later.
- Officers observed a man matching the tip and noticed a noticeable bulge/sag in his sweatpants pocket. The officers approached; the defendant, Christian Gonzalez, said the gun was in his right pocket and officers recovered a Bryco .380 pistol and arrested him.
- At the 49th Precinct, Officers Rios and Marte conducted a strip search in a bathroom; a clear plastic bag of crack cocaine fell from between Gonzalez’s buttocks. Gonzalez denied the drugs were his.
- Gonzalez moved to suppress: (1) the firearm and statements from the stop, (2) the narcotics and statements from the strip search, and (3) any statements alleging failure to Mirandize.
- The Court found Officer Grosso credible but found Officer Rios generally not credible because of admitted and proven falsehoods in his disciplinary history and false/evasive testimony at the hearing; Rios’s testimony was credited only where corroborated.
- Ruling: suppression motion denied as to the gun and related statements; granted as to the narcotics and statements obtained from the strip search.
Issues
| Issue | Gonzalez's Argument | Government's Argument | Held |
|---|---|---|---|
| Was the initial stop a valid Terry stop or an unlawful arrest? | Stop was effectively an arrest (too intrusive). | Brief, safety‑focused restraints were consistent with a Terry investigative stop. | The stop was an investigative Terry stop, not an arrest. |
| Was there reasonable suspicion to stop Gonzalez based on the anonymous tip and officers' observations? | Anonymous tip alone insufficient; identification of matching clothing did not corroborate possession of a gun. | Anonymous tip corroborated by officers’ independent observation of a suspicious bulge consistent with a firearm, giving reasonable suspicion. | Officers had reasonable suspicion; gun and statements from the stop are admissible. |
| Was the strip search at the precinct supported by individualized reasonable suspicion? | Strip search lacked adequate objective facts; Rios’s testimony about hand movements/crinkling was not credible. | Rios observed movements and crinkling plastic indicating contraband concealed in body cavities, justifying a strip search. | Suppress narcotics and related statements: Government failed to meet burden because Rios’s uncorroborated testimony was not credible. |
| Were post‑stop statements suppressed for Miranda or as fruits of unlawful searches? | Statements during/after arrest and during strip search should be suppressed (Miranda and fruit of illegal search). | Statements at the stop were not custodial (thus not Miranda) and statements after the strip search are admissible only if search was lawful. | Statement admitting gun in pocket was made pre‑custody/ not suppressed; statements about drugs suppressed as fruits of the unjustified strip search. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishes rule for investigative stops and reasonable suspicion)
- Florida v. J.L., 529 U.S. 266 (anonymous tip lacking indicia of reliability cannot justify frisk/stop for weapons)
- Navarette v. California, 134 S. Ct. 1683 (anonymous tip corroboration and reasonable suspicion discussion)
- Hartline v. Gallo, 546 F.3d 95 (2d Cir.) (strip search requires individualized reasonable suspicion of concealed weapons/contraband)
- Maryland v. Macon, 472 U.S. 463 (Fourth Amendment objective assessment of searches)
- Sokolow v. United States, 490 U.S. 1 (reasonable suspicion is less than probable cause)
- Wong Sun v. United States, 371 U.S. 471 (fruits doctrine — evidence tainted by unlawful police conduct may be excluded)
- Miranda v. Arizona, 384 U.S. 436 (custodial interrogation requires Miranda warnings)
- Hensley v. United States, 469 U.S. 221 (discovery of firearm during lawful Terry stop can establish probable cause for arrest)
- Samson v. California, 547 U.S. 843 (reasonableness balancing test for searches and privacy intrusion)