New York Criminal Attorney Blog
In a January 2024, New York Drug case before the Supreme Court of New York, Third Department, a defendant filed an appeal of the lower court’s denial of his motion to suppress. The defendant took issue with a police officer’s search of his person, arguing the officer did not have a legal basis to infringe upon his privacy during the traffic stop in question. The higher court reviewed relevant facts related to the defendant’s appeal and ultimately denied his request, affirming the lower court’s ruling in the process.
Convictions at Issue
The defendant was first charged with criminal possession of a weapon and criminal possession of a controlled substance in September 2019. After the State charged the defendant, he filed a motion to suppress the incriminating evidence that officers seized that led to the charges. Ultimately, the trial court denied the motion to suppress, and the defendant pled guilty. The court sentenced him to five years in prison. He promptly appealed.
Basis for Court’s Denial
In the defendant’s appeal, he challenged the denial of his motion to suppress. The higher court, however, reviewed the record and determined the defendant’s motion was, indeed, without merit. The defendant’s charges originated when an officer ran the defendant’s license plate and recognized the address as one related to a narcotics investigation that was ongoing. He then approached the defendant in the parking lot of a local gas station, asking to see his license and registration. The defendant’s license was invalid; there was a missing license plate light on the defendant’s car; and the officer recognized the defendant’s name as an individual known for facing frequent drug charges in the area.
At this point, the officer asked the defendant to exit the vehicle. In the car, the officer noticed a metal tin cap and a hypodermic needle near the center console. Only then did the officer conduct a search of the defendant’s person. During this frisk, the officer found a revolver and a bag of pills hidden in the defendant’s pockets and waistband.
Considering these facts, the court found that the officer had plenty of reason to suspect that criminal activity might be afoot, and therefore that his search of the defendant was reasonable. The defendant’s motion to suppress, which argued that the officer had no basis for the search, was properly denied.
With that, the defendant’s convictions and sentences were also affirmed.
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