In yesterday’s stunning decision, the five judge panel reversed the conviction of a14-year-old boy with a rap sheet whom cops found carrying a loaded handgun.
Both decisions are seen as a slap in the face to the NYPD’s stop-and-frisk program aimed at getting guns off the streets.
“They are basically saying officers need to wait for someone to stick a gun in their face before looking for a weapon, even when they have clear and legitimate suspicion,” fumed Mayor Bloomberg’s spokesman, Marc Lavorgna.
“They are establishing a precedent that is going to keep more guns on the street and get people killed.”
In a 3-2 ruling, the judges said Arslanbeck lacked both the reasonable suspicion needed to justify patting down Morant and the probable cause needed to search the backpack.
The teen’s mom, Kimberly Morant, last night told The Post she wasn’t aware of the court’s decision but said, “I’m glad [the conviction] was tossed out.”
Of her son’s gun bust, the Bronx mom said, “I’m still trying to forget about it.
“I don’t know where he got it from.’’