Summary
The Appellate Division, First Department, unanimously affirmed the defendant’s conviction for criminal possession of a controlled substance in the third degree and the denial of his CPL 440.10 motion to vacate. The court upheld the trial court’s denial of a suppression motion, finding that the narcotics officer had probable cause to arrest the defendant based on observed suspicious conduct in a high-crime area. Additionally, the court ruled that the limited search of the defendant’s underwear did not constitute an unconstitutional strip search, and that the imposition of physical restraints and a spit mask was justified by the defendant’s disruptive and threatening courtroom behavior.
Questions Presented
- Whether the totality of circumstances established probable cause for Ortiz's arrest.
- Whether the officer's search of Ortiz's underwear without a full strip search violated the Fourth Amendment.
- Whether the imposition of a spit mask and leg shackles violated the Fifth and Fourteenth Amendments.
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Factual background
A narcotics officer observed Ortiz receiving money and handing a small bag of drugs to another individual in a high‑drug‑traffic area. The officer pulled Ortiz's pants and underwear forward and retrieved a bag containing drugs without a full strip search. At trial Ortiz was required to appear wearing a spit mask and leg shackles after a hearing found he was disruptive and posed a security risk.
Procedural history
The trial court convicted Ortiz after a jury trial and imposed a six‑year sentence. Ortiz sought to vacate the conviction and suppress evidence. Both motions were denied. Ortiz appealed the denial of his motions and the imposition of physical restraints at trial.