Yet another decision in favor of the defense from a criminal court in Bronx - running down the street in a high crime area does not warrant an arrest and search

I just posted about an unusually correct and impartial decision of a New York criminal court in favor of the defendant - by judge Laurence Brusching in the Bronx Criminal Court. 

In yet another decision of a Bronx criminal court, Judge Lester B. Adler found that the police did not have right to the level 2 intrusion (out of 4 so-called "De Bour" factors), and thus the arrest, search and identification of defendants should be suppressed - leaving the People with not much to proceed with.

The "level 1" De Bour intrusion factor that the judge found legitimate was when defendants ran towards the police officers in a high crime area, and when the police officers stopped them and asked whether "everything was ok".

Yet, when police officers received an answer that everything was ok, they had, according to the court, no right to arrest, search and identify defendants.

It is a correct and reasonable decision, otherwise the police will be grabbing anybody who runs in their own neighborhood which happens to be a high crime area, which would necessarily have affected poor and minority populations.

Kudoz to Judge Lester B. Adler for the impartial and correct application of the law, even if it resulted in a ruling in favor of a criminal defendant (which, as I said above, rarely happens in New York courts).