1 No. 44
The People &c.,
Respondent,
v.
Eddy Abad,
Appellant.
_________________________________________________________________
2002 NY Int. 39
April 25, 2002
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
David J. Goldstein, for appellant.
Kenneth S. Levine, for respondent.
_________________________________________________________________
KAYE, CHIEF JUDGE:
This appeal again presents a constitutional challenge by a
defendant-passenger to a livery cab stop pursuant to a New York City
Police Department program intended to address the high incidence of
cab driver robberies and homicides and promote driver safety (see
Matter of Muhammad F. and People v Boswell, , 94 NY2d 136 (1999),
cert denied 531 US 1044 (2000)). Indeed, in some respects the
program now before us -- the Police Department's Taxi/Livery Robbery
Inspection Program (TRIP) -- resembles the Department's earlier
program, which we found unconstitutional in Muhammad F. Both programs
involve suspicionless stops of livery vehicles (including taxicabs) by
roving patrols of police officers in plainclothes and unmarked cars.
We conclude, however, that owing to its distinctive features, the TRIP
stop at issue here passes constitutional muster.
A Description of TRIP
An owner of a registered medallion taxicab or licensed livery vehicle
in New York City can choose to join TRIP, a program instituted in
1994,(1) by signing a Registration Form acknowledging voluntary
participation in the program. As the Registration Form provides, by
joining the program the owner agrees that "the police may stop the
aforementioned vehicle at any time in accordance with the Program's
guidelines. In these instances, police action will include a brief
inquiry of the driver and visual inspection of the vehicle." A vehicle
owner also agrees that any driver using the enrolled vehicle will sign
SNIPPETS:
This opinion is uncorrected and subject to revision before publication in the New York
This appeal again presents a constitutional challenge by a defendant-passenger to a livery
We conclude, however, that owing to its distinctive features, the TRIP stop at issue here
An owner of a registered medallion taxicab or licensed livery vehicle in New York City can
Participating owners are given identical, numbered decals to be affixed to their vehicles,
Vehicle occupants may not be removed during the stop unless independent factors cause the
The police are required to maintain a detailed activity log of all TRIP stops, including
In June 1996, Louis Escano, owner and driver of a livery cab, enrolled in TRIP.
Over the course of the next several hours, as instructed by defendant, Escano stopped at
After signaling the car to stop, McSwigin observed defendant, in the right rear passenger
The Appellate Division affirmed, and a Judge of this Court granted leave to appeal.
Suspicionless stops, however, may be upheld where reasonable, determined by balancing "the
For evaluating the validity of a particular stop, Brown offers a three-part balancing test:
Stops were wholly within the officers' discretion, with no written guidelines or records of
Finally, no attempt was made to satisfy the constitutional requirement that the stops be
Moreover, to the extent that an enrolled vehicle owner decides the program's intrusiveness
Vehicle occupants may not be removed or questioned during stops; absent independent reason to
Additionally, by contrast to the New York City police program reviewed in Muhammad F., TRIP
Subjective concerns, such as the potential for fear on the part of passengers, are mitigated
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