Court of Appeals of New York

Order denying defendant-driver's motion to suppress evidence produced during a search by the police officer who stopped his car is reversed and the indictment dismissed, where: 1) the record shows that, although probable cause to arrest the driver before the search, the driver would not have been arrested if the search had not produced evidence of a crime; and 2) therefore, the search of the driver was not "incident" to his arrest.

Appellate Information

• Decided 12/16/2014
• Published 12/16/2014

Judges

• Smith

Court

• Court of Appeals of New York

Counsel