Summary
The Appellate Division, First Department reversed a defendant's conviction for criminal possession of controlled substances and dismissed the indictment after granting his motion to suppress. The court found that the officer lacked any intention to arrest the defendant prior to conducting the search, rendering the seizure of cocaine and money unlawful. As a result, all recovered contraband was suppressed, necessitating the dismissal of the remaining charges.
Topics
Practice areas
Questions Presented
- Whether the frisk of the defendant's person was lawful under the Fourth Amendment.
- Whether the seized cocaine and money must be suppressed and the indictment dismissed.
Holdings
- The frisk was unlawful because the officer lacked an intent to arrest the defendant at the time of the search; therefore, the evidence obtained must be suppressed.
- All cocaine and money recovered must be suppressed and the indictment dismissed.
Key quotations
“Defendant was entitled to suppression of the cocaine and money recovered in a search of his person, which occurred after officers pulled over the minivan in which he was a passenger for two traffic violations and detected a strong odor of marijuana as they approached the van.”
Factual background
Police officers stopped the defendant's minivan for two traffic violations, smelled marijuana, observed loose marijuana on the defendant's lap, and frisked him, finding a small bag in his pocket and a larger bag in his underwear. The officers had no expressed intent to arrest the defendant before the frisk.
Procedural history
The trial court denied the defendant's motion to suppress evidence obtained during a frisk after a traffic stop. The appellate division reviewed the denial and reversed, granting the motion and dismissing the indictment.