Opinion

In re Andy E.

  • 81 N.Y.2d 948
  • 597 N.Y.S.2d 665
  • 613 N.E.2d 571
  • 1993 N.Y. LEXIS 700
Court
New York Court of Appeals
Filed
Apr 8, 1993
Status
Published
Cited by
1 cases
Authority
More cited than 44.4%

although officer was justified, after detainee placed his hand in his pocket, to conduct a search for weapons, his subsequent warrantless search of a brown bag in detainee's possession containing "numerous small hard objects" later found to be drugs was illegal

How later courts described this case

  • although officer was justified, after detainee placed his hand in his pocket, to conduct a search for weapons, his subsequent warrantless search of a brown bag in detainee's possession containing "numerous small hard objects" later found to be drugs was illegal

Written by the judges who cited it.

The opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, the motion to suppress physical evidence granted and the petition dismissed.

The only relevant evidence admitted at the suppression hearing was that when the police officer grabbed a brown object in respondent’s hand, he "wasn’t sure what it was” and that, upon grabbing it, he felt "numerous small hard objects” in it. The officer pulled the object out of respondent’s hand, discovered that it was a brown paper bag, and opened it "to see what it was.” There is no theory under which this evidence could have given the officer probable cause to search respondent’s bag (see, People v McNatt, 65 NY2d 1046 , 1048). Since no justification for the warrantless search was presented, the seizure of the contraband was illegal and the motion to suppress should have been granted.

Chief Judge Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa and Smith concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, without costs, respondent’s motion to suppress physical evidence granted and petition dismissed in a memorandum.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.