U.S. District Court, Western District of N.Y. Case Summaries:

Daily Record (Rochester, NY), Oct 7, 2008

U.S. District Court, Western District of N.Y.

Fourth Amendment

U.S. v. Williams

07-CR-6124

Judge Larimer

Background: The defendant moved to dismiss the indictment charging firearms offenses, to suppress statements made at the time of his arrest on April 13, 2007, and to suppress physical evidence, a firearm seized that day. A suppression hearing was held, at which an officer of the Rochester Police Department and two New York State Parole Officers testified. No witnesses were presented by the defense. Williams contended the stop was not reasonable because the tinted-window basis was a subterfuge since the officers intended to stop the vehicle anyway.

Ruling: The initial traffic stop was proper and based on a reasonable suspicion. The officers were requested to conduct a traffic stop. When they observed the vehicle, a Ford Expedition, they based the stop on the fact that it had illegally tinted windows. Once the vehicle was stopped, the officer examined the windows and determined they violated New York State Vehicle and Traffic laws. At issue is whether it was objectively reasonable to make the stop. The subjective motivation of the officer is not controlling, therefore the motions to dismiss the indictment and suppress the evidence are denied.

James P. Vacca for the defendant, and Charles E. Moynihan, assistant U.S. attorney, for the United States