You are here: / / SEARCH OF DEFENDANT’S CAR DEEMED A VALID INVENTORY SEARCH, CRITERIA...
,

SEARCH OF DEFENDANT’S CAR DEEMED A VALID INVENTORY SEARCH, CRITERIA EXPLAINED.

The Second Department, over an extensive dissent, determined the search of defendant’s car was a valid inventory search:

The critical issue in this case is whether the officers’ search of the car, which was conducted back at the police district headquarters and not at the arrest location, was a legitimate inventory search. We conclude that it was. The People introduced a copy of the relevant patrol guide section outlining the procedures for inventory searches. Everything was removed from the car, under the direction of a sergeant, and even items such as nail clippers were vouchered. A contemporaneous list was made of the items that were removed, and the list was introduced at the hearing. Copies of property clerk invoices also were admitted in evidence at the hearing. The testimony at the hearing established that the officers did not exercise discretion in removing items from the car, and that the search was not a ruse to recover incriminating evidence … . People v Lee, 2016 NY Slip Op 07081, 1st Dept 10-27-16

CRIMINAL LAW (SEARCH OF DEFENDANT’S CAR DEEMED A VALID INVENTORY SEARCH, CRITERIA EXPLAINED)/SEARCH AND SEIZURE (SEARCH OF DEFENDANT’S CAR DEEMED A VALID INVENTORY SEARCH, CRITERIA EXPLAINED)/INVENTORY SEARCH (SEARCH OF DEFENDANT’S CAR DEEMED A VALID INVENTORY SEARCH, CRITERIA EXPLAINED)

/by
You might also like
ALTHOUGH FATHER HAD THE RIGHT TO WAIVE COUNSEL AND PROCEED PRO SE IN THIS TERMINATION OF PARENTAL RIGHTS PROCEEDING, FAMILY COURT PROPERLY REFUSED HIS UNTIMELY REQUEST (SECOND DEPT).
ZONING BOARD DID NOT SET OUT A FACTUAL BASIS FOR FAILING TO FOLLOW ITS OWN PRECEDENT IN THIS VARIANCE PROCEEDING, ZONING BOARD’S GRANT OF THE VARIANCES WAS THEREFORE ARBITRARY AND CAPRICIOUS.
Defective Handrail Could Have Been Factor in Plaintiff’s Injuries.
ALLEGATION PLAINTIFF STOPPED SUDDENLY NOT ENOUGH TO DEFEAT PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT IN THIS REAR-END COLLISION CASE.
THE SENTENCING COURT SHOULD NOT HAVE ENHANCED DEFENDANT’S SENTENCE BASED ON A POSITIVE DRUG TEST; DEFENDANT DID NOT VIOLATE ANY OF THE TERMS OF THE PLEA AGREEMENT AS IT WAS DESCRIBED ON THE RECORD BY THE COURT; DEFENDANT SUCCESSFULLY COMPLETED THE RESIDENTIAL DRUG TREATMENT PROGRAM, WHICH IS WHAT THE PLEA AGREEMENT CALLED FOR (SECOND DEPT).
Late Notice of Claim Properly Allowed in Absence of Reasonable Excuse
THE PLAINTIFF BICYCLIST COULD NOT IDENTIFY THE CAUSE OF HIS FALL AND THE CITY DID NOT HAVE WRITTEN NOTICE OF ANY ROADWAY DEFECTS IN THE AREA; DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT SHOULD HAVE BEEN GRANTED (SECOND DEPT).
Re: the Unsealing of the Grand Jury Proceedings Concerning Eric Garner’s Death at the Hands of the Police, a “Compelling and Particularized Need” for Disclosure Had Not Been Demonstrated—the Public Interest in Preserving Grand Jury Secrecy Outweighed the Public Interest in Disclosure

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

Copyright © 2022 New York Appellate Digest, LLC
Site by CurlyHost | Privacy Policy

ALTHOUGH THE ISSUE HAD NOT BEEN RAISED ON APPEAL, THE APPELLATE COURT, REVERSING... FAMILY COURT DID NOT PROPERLY APPLY THE STATUTORY FACTORS, FORUM NON CONVENIENS...