The following excerpt is from People v. Jessop, 2008 NY Slip Op 51257(U) (N.Y. Crim. Ct. 6/23/2008), 2008 NY Slip Op 51257 (N.Y. Crim. Ct. 2008):
criminal possession of a dangerous drug in the fourth degree because the police officer improperly stopped defendant's vehicle for a routine traffic stop without reasonable suspicion]; cf People v. Robinson, 97 NY2d 341 [2001] [holding that where a police officer has probable cause to detain a person temporarily for a traffic violation, that seizure is lawful even though the underlying reason for the stop might have been to investigate some other matter]). Whether the police officer reasonably suspected a traffic violation had occurred or had probable cause to believe a traffic violation has occurred and which standard is to be applied in this case is properly left to the hearing court.
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