The People v. Jose Fernandez; The People v. Ernest Brannon
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Defendants appealed the denial of their motions to suppress a gravity knife found on each defendant in separate situations. In People v. Ernest Brannon, the arresting officer testified that he was able to see the hinged top of the knife and observed the outline of a pocketknife but was unable to testify that he suspected or believed that it was a gravity knife. In People v. Jose Fernandez, there was evidence on the record that supported the Appellate Division's conclusion that reasonable suspicion existed where the officer's attention was drawn to defendant who was standing ten to fifteen feet away because the officer saw the "head" of the knife that was sticking out of, and clipped to, defendant's pants pockets and based on his experience, gravity knives were commonly carried in a person's pocket, attached with a clip, with the "head" protruding. At issue was the level of knowledge a police officer must possess before he or she had reasonable suspicion to believe an individual possessed a gravity knife as opposed to other similar knives. The court held that the detaining officer must have reason to believe that the object observed was indeed a gravity knife, based on his or her experience and training and/or observable, identifiable characteristics of the knife. An individual may not be detained merely because he or she was seen in possession of an object that appeared to be a similar, but legal object, such as a pocketknife. Accordingly, the court reversed the Appellate Division in Brannon and granted his motion to suppress and dismissed the indictment. The court then affirmed the Appellate Division in Fernandez.
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