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UNITED STATES v. CHIN

July 25, 1994

UNITED STATES OF AMERICA,
v.
WAYNE CHIN, Defendant.



The opinion of the court was delivered by: DENIS R. HURLEY

 HURLEY, District Judge

 As the result of the defendant's motion to suppress a gun and ammunition clip which were seized on August 21, 1989, a hearing was held on April 11, 1994. *fn1" For the reasons explained below, that motion is denied.

 A. Brian Bill

 The government's first witness, Police Officer Brian Bill, testified that on August 21, 1989 he was working the 4:00 p.m. to midnight shift at the 73rd Precinct in Brooklyn. At approximately 10:00 p.m., he was on routine motor patrol with his partner Alan Killagrew. While traveling eastbound on Livonia Avenue at approximately 15 miles per hour, a white Honda Prelude, according to Officer Bill, pulled up behind his vehicle, beeped its horn and then passed him by going over a double line. Upon seeing that traffic infraction, Officer Bill immediately activated his overhead light and siren, whereupon the Prelude pulled over to the side of the road. After the two officers exited their vehicle and approached the Prelude on foot, it suddenly accelerated and left the area at a high rate of speed. The officers returned to their car and gave chase.

 As the Prelude entered the intersection of Saratoga Street and Livonia Avenue, two officers in another marked police car joined in the pursuit. The Prelude proceeded southbound on Chester Street which is a one way street for northbound traffic. From there, the cars traveled through the neighborhood and down a number of streets, including Bristol Street. When the Prelude, again proceeding against the flow of the one-way traffic, reached 407 Bristol Street it stopped. At that point, the driver existed and ran down an alleyway which separated two apartment buildings, followed closely by the four officers. One of the officers motioned for Officer Bill to return to the Prelude because its engine was still running, which he did.

 While Officer Bill was in the alleyway he saw the driver of the Prelude, who it later developed was Mr. Chin, with a silver object in his hand.

 Moments after Officer Bill returned to the Prelude, the officers emerged from the alley with Mr. Chin under arrest and the silver object, which was a .45 caliber gun, in hand. A contemporaneous search of the Prelude produced a .45 caliber ammunition clip.

 B. William Hare

 The government's second witness was Police Officer William Hare. At about 10:00 p.m. he was in a marked radio car with Officer Todd Kalt at the intersection of Saratoga Avenue and Livonia. At that time, he saw a white Prelude stationary by the side of the road. However, it suddenly sped away as two officers approached it on foot. He and his partner joined in the chase to 407 Bristol Street. He saw Mr. Chin throw a silver object in the alleyway. After Mr. Chin was subdued and handcuffed, that object was recovered and found to be a .45 caliber semi-automatic weapon.

 Officer Hare testified that he first saw the other police car on Livonia at around 9:55 p.m., and that five minutes elapsed from that time until the three car arrived at 407 Bristol.

 C. Todd Kalt

 The defense called one witness during the hearing, Police Officer Todd Kalt. His testimony essentially paralleled that ...


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