New York Appellate Digest
  • Home
  • About
  • Just Released
  • Update Service
  • Streamlined Research
  • CLE Courses
  • Contact
  • Menu Menu
You are here: Home1 / Appeals2 / TEMPORARY INSPECTION STICKER NOT SUFFICIENT TO JUSTIFY TRAFFIC STOP, DRUGS...
Appeals, Criminal Law, Evidence

TEMPORARY INSPECTION STICKER NOT SUFFICIENT TO JUSTIFY TRAFFIC STOP, DRUGS SEIZED FROM DEFENDANT’S CAR SHOULD HAVE BEEN SUPPRESSED, HARMLESS ERROR STANDARD APPLIES TO APPEALS AFTER A GUILTY PLEA.

The Third Department, reversing defendant’s conviction, determined the motion to suppress drugs seized from defendant’s car should have been granted. The deputy stopped defendant’s car based solely on a temporary inspection sticker without any suspicion of criminal behavior. The court noted that the denial of the suppression motion was appealable because defendant did not waive his right to appeal, and the harmless error standard applied because defendant pled guilty after the motion was denied:

The deputy candidly admitted that he had no idea whether the sticker was valid when he made the stop, nor did he indicate that the temporary sticker gave him any other reason for suspicion. He instead stated that his “general practice” was to stop any vehicle he encountered with a temporary inspection sticker in order to “ensure [that the sticker had] not expired.” It is entirely proper to operate a motor vehicle with a temporary inspection sticker under certain circumstances and, as a result, the display of one does not constitute grounds for a traffic stop absent a “specific articulable basis” to believe that illegality is afoot … . The practice of stopping any vehicle with a temporary inspection sticker, without more, represents impermissible “idle curiosity” as to the sticker’s validity rather than the “reasonable suspicion” of illegality needed to effect a traffic stop … . People v Driscoll, 2016 NY Slip Op 08902, 3rd Dept 12-29-16

CRIMINAL LAW (TEMPORARY INSPECTION STICKER NOT SUFFICIENT TO JUSTIFY TRAFFIC STOP, DRUGS SEIZED FROM DEFENDANT’S CAR SHOULD HAVE BEEN SUPPRESSED, HARMLESS ERROR STANDARD APPLIES TO APPEALS AFTER A GUILTY PLEA)/SUPPRESS, MOTION TO (TEMPORARY INSPECTION STICKER NOT SUFFICIENT TO JUSTIFY TRAFFIC STOP, DRUGS SEIZED FROM DEFENDANT’S CAR SHOULD HAVE BEEN SUPPRESSED, HARMLESS ERROR STANDARD APPLIES TO APPEALS AFTER A GUILTY PLEA)/STREET STOPS (TEMPORARY INSPECTION STICKER NOT SUFFICIENT TO JUSTIFY TRAFFIC STOP, DRUGS SEIZED FROM DEFENDANT’S CAR SHOULD HAVE BEEN SUPPRESSED, HARMLESS ERROR STANDARD APPLIES TO APPEALS AFTER A GUILTY PLEA)/SEARCH AND SEIZURE (TEMPORARY INSPECTION STICKER NOT SUFFICIENT TO JUSTIFY TRAFFIC STOP, DRUGS SEIZED FROM DEFENDANT’S CAR SHOULD HAVE BEEN SUPPRESSED, HARMLESS ERROR STANDARD APPLIES TO APPEALS AFTER A GUILTY PLEA)/APPEALS (CRIMINAL, HARMLESS ERROR STANDARD APPLIES TO APPEALS AFTER A GUILTY PLEA)/EVIDENCE (CRIMINAL LAW, TEMPORARY INSPECTION STICKER NOT SUFFICIENT TO JUSTIFY TRAFFIC STOP, DRUGS SEIZED FROM DEFENDANT’S CAR SHOULD HAVE BEEN SUPPRESSED, HARMLESS ERROR STANDARD APPLIES TO APPEALS AFTER A GUILTY PLEA)

December 29, 2016
Tags: Third Department
Share this entry
  • Share on WhatsApp
https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png 0 0 CurlyHost https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png CurlyHost2016-12-29 17:16:512020-02-06 13:11:38TEMPORARY INSPECTION STICKER NOT SUFFICIENT TO JUSTIFY TRAFFIC STOP, DRUGS SEIZED FROM DEFENDANT’S CAR SHOULD HAVE BEEN SUPPRESSED, HARMLESS ERROR STANDARD APPLIES TO APPEALS AFTER A GUILTY PLEA.
You might also like
BOTH THE HIPAA PRIVACY RULE AND THE PUBLIC OFFICERS LAW APPLY TO THE FOIL REQUEST FOR RECORDS DOCUMENTING INJURIES SUFFERED BY ATHLETES USING THE OLYMPIC TRAINING FACILITIES IN THE ADIRONDACK PARK; THE HIPAA DEIDENTIFICATION PROCEDURE SHOULD BE APPLIED TO THE REQUESTED RECORDS (THIRD DEPT). ​
DETERMINING SCHEDULE LOSS OF USE BY COMPARING THE RANGE OF MOTION OF LIMBS ON THE INJURED SIDE TO THE RANGE OF MOTION OF CORRESPONDING LIMBS ON THE OTHER SIDE MAY NOT BE APPROPRIATE IF THE OTHER SIDE HAS ALSO SUFFERED INJURIES, WHETHER PERMANENT OR TEMPORARY, IN THE PAST (THIRD DEPT).
Prosecutor’s Remarks In Summation Required Reversal
ALTHOUGH THE ISSUE SHOULD HAVE BEEN RAISED IN A DIRECT APPEAL, AND DESPITE DEFENDANT’S FAILURE TO RAISE THE WINNING ARGUMENT IN THE MOTION TO VACATE THE CONVICTION, THE THIRD DEPARTMENT GRANTED DEFENDANTS REQUEST TO REMOVE THE SEX OFFENDER CLASSIFICATION FROM HIS SENTENCE; THE OFFENSE OF WHICH DEFENDANT WAS CONVICTED IS NOT A REGISTRABLE OFFENSE (THIRD DEPT). ​
SEARCH OF CLOSED CONTAINER AFTER DEFENDANT HAD BEEN ARRESTED AND HANDCUFFED NOT JUSTIFIED BY EXIGENT CIRCUMSTANCES, CONVICTION REVERSED.
ENTIRELY HEARSAY EVIDENCE SUPPORTED THE ADMINISTRATIVE AGENCY’S ABUSE FINDING 3RD DEPT.
HEARING OFFICER DID NOT ADDRESS PETITIONER’S MENTAL HEALTH STATUS, DETERMINATION ANNULLED.
FAMILY COURT SHOULD NOT HAVE DELEGATED TO FATHER ITS AUTHORITY TO SUPERVISE MOTHER’S PARENTING TIME AND TELEPHONE AND ELECTRONIC CONTACT WITH THE CHILDREN (THIRD DEPT). ​

Categories

  • Abuse of Process
  • Account Stated
  • Accountant Malpractice
  • Administrative Law
  • Agency
  • Animal Law
  • Appeals
  • Arbitration
  • Architectural Malpractice
  • Associations
  • Attorneys
  • Banking Law
  • Bankruptcy
  • Battery
  • Chiropractor Malpractice
  • Civil Commitment
  • Civil Conspiracy
  • Civil Forfeiture
  • Civil Procedure
  • Civil Rights Law
  • Condominium Corporations
  • Condominiums
  • Constitutional Law
  • Consumer Law
  • Contempt
  • Contract Law
  • Conversion
  • Cooperatives
  • Copyright
  • Corporation Law
  • Correction Law
  • County Law
  • Court of Claims
  • Criminal Law
  • Debtor-Creditor
  • Defamation
  • Dental Malpractice
  • Disciplinary Hearings (Inmates)
  • Education-School Law
  • Election Law
  • Eminent Domain
  • Employment Law
  • Engineering Malpractice
  • Environmental Law
  • Equitable Recoupment
  • Evidence
  • Fair Credit Reporting Act
  • Fair Housing Act
  • Fair Housing Amendments Act
  • False Arrest
  • False Claims Act
  • False Imprisonment
  • Family Law
  • Federal Employers' Liability Act (FELA)
  • Fiduciary Duty
  • Foreclosure
  • Fraud
  • Freedom of Information Law (FOIL)
  • Human Rights Law
  • Immigration Law
  • Immunity
  • Indian Law
  • Insurance Law
  • Intellectual Property
  • Intentional Infliction of Emotional Distress
  • Involuntary Medical Treatment and Feeding (Inmates)
  • Judges
  • Labor Law
  • Labor Law-Construction Law
  • Land Use
  • Landlord-Tenant
  • Legal Malpractice
  • Lien Law
  • Limited Liability Company Law
  • Longshoreman's and Harbor Worker's Compensation Act
  • Malicious Prosecution
  • Maritime Law
  • Medicaid
  • Medical Malpractice
  • Mental Hygiene Law
  • Military Law
  • Money Had and Received
  • Municipal Law
  • Navigation Law
  • Negligence
  • Negligent Infliction of Emotional Distress
  • Negligent Misrepresentation
  • Notarial Misconduct
  • Nuisance
  • Partnership Law
  • Personal Property
  • Pharmacist Malpractice
  • Physician Patient Confidentiality
  • Pistol Permits
  • Prima Facie Tort
  • Private Nuisance
  • Privilege
  • Products Liability
  • Professional Malpractice
  • Public Authorities Law
  • Public Corporations
  • Public Health Law
  • Public Nuisance
  • Real Estate
  • Real Property Actions and Proceedings Law (RPAPL)
  • Real Property Law
  • Real Property Tax Law
  • Religion
  • Replevin
  • Retirement and Social Security Law
  • Securities
  • Sepulcher
  • Sex Offender Registration Act (SORA)
  • Social Services Law
  • Statutes
  • Tax Law
  • Tenant Harassment
  • Tortious Interference with Contract
  • Tortious Interference with Employment
  • Tortious Interference with Prospective Business Relations
  • Tortious Interference With Prospective Economic Advantage
  • Town Law
  • Toxic Torts
  • Trade Secrets
  • Trademarks
  • Trespass
  • Trusts and Estates
  • Uncategorized
  • Unemployment Insurance
  • Unfair Competition
  • Uniform Commercial Code
  • Usury
  • Utilities
  • Vehicle and Traffic Law
  • Victims of Gender-Motivated Violence Protection Law (VGM)
  • Village Law
  • Water Law
  • Workers' Compensation
  • Zoning

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

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

FOR CAUSE CHALLENGE SHOULD HAVE BEEN GRANTED, JUROR WAS A LONG-TERM FRIEND OF... DENIAL OF FREEDOM OF INFORMATION LAW REQUESTS REVERSED, CASE REMITTED TO DETERMINE...
Scroll to top