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Persons Entering the Hall of Justice, In Which Signs Are Posted Warning that Those Entering the Premises Are Subject to Being Searched, Impliedly Consent to a Full Search, Including the Opening of Objects Found in the Search

The Fourth Department determined the defendant impliedly consented to a search of his person after entering the Hall of Justice.  Signs in the Hall of Justice warned that those who enter the building were subject to search.  The defendant’s argument that consent extended to no more than a frisk was rejected. The court found the defendant consented to a full search of his person and the opening of a foil packet found on his person:

Here, defendant was warned before walking through the magnetometers that he could be subject not just to a pat frisk, but to a search. Given a reasonable person’s knowledge of the increased security measures in government buildings in the past decade and the notifications posted for entrants into the Hall of Justice, we conclude that a reasonable person would have understood that the impending search could involve more than a pat frisk if the initial magnetometer scans indicated the presence of metal on his or her person … . We therefore further conclude that the deputies’ search of defendant’s person did not exceed the scope of defendant’s implied consent.

Defendant’s contention that the opening of the foil package, once it was removed from his person, was a separate, improper search incident to an arrest is unpreserved for our review because defendant failed to raise that contention in his omnibus motion or before the suppression court … . In any event, that contention has no merit. As defendant correctly concedes, he was not under arrest when he was taken to the adjacent room. Moreover, inasmuch as defendant impliedly consented to a search of his person and belongings before entering the Hall of Justice, and did not revoke said consent before the deputies opened the foil package, we conclude that the deputies’ opening of the package to check if it contained a small weapon, such as a razor blade, was not improper … . People v White, 2015 NY Slip Op 03963, 4th Dept 5-8-15

 

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