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PEOPLE DEMONSTRATED INVENTORY SEARCH WAS VALID, DESPITE EXPECTATION CONTRABAND WOULD BE FOUND, CREDIBILITY OF POLICE WITNESSES BEYOND REVIEW BY COURT OF APPEALS (CT APP).

The Court of Appeals, in a brief memorandum decision, determined the People had demonstrated the search of defendant’s car was a valid inventory search, despite the expectation contraband would be found. The defendant’s argument the search was a ruse depended upon the credibility of the police witnesses, a mixed question of law and fact that cannot be reached by the Court of Appeals:

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“[T]he People met their burden of establishing that the [inventory] search was in accordance with procedure and resulted in a meaningful inventory list” and that the primary objectives of the search were to preserve the property located inside the vehicle and to protect police from a claim of lost property … . The fact that the officers knew that contraband might be recovered does “not invalidate the entire search” … . “The inventory here, while not a model, was sufficient to meet the constitutional minimum” … .

The determinations of the lower courts regarding the credibility of the officers and whether the inventory search was a ruse to look for contraband present mixed questions of law and fact … . A mixed question is presented when “the facts are disputed, where credibility is at issue or where reasonable minds may differ as to the inference[s] to be drawn” … . Inasmuch as there is record support for the lower courts’ conclusion that the primary purpose of the search was to inventory the property located in the vehicle, that issue is beyond further review by this Court … . People v Lee, 2017 NY Slip Op 06415, CtApp 9-12-17

 

CRIMINAL LAW (PEOPLE DEMONSTRATED INVENTORY SEARCH WAS VALID, DESPITE EXPECTATION CONTRABAND WOULD BE FOUND, CREDIBILITY OF POLICE WITNESSES BEYOND REVIEW BY COURT OF APPEALS (CT APP))/SEARCH AND SEIZURE (CRIMINAL LAW, SEARCH AND SEIZURE, PEOPLE DEMONSTRATED INVENTORY SEARCH WAS VALID, DESPITE EXPECTATION CONTRABAND WOULD BE FOUND, CREDIBILITY OF POLICE WITNESSES BEYOND REVIEW BY COURT OF APPEALS (CT APP))/INVENTORY SEARCH (CRIMINAL LAW, PEOPLE DEMONSTRATED INVENTORY SEARCH WAS VALID, DESPITE EXPECTATION CONTRABAND WOULD BE FOUND, CREDIBILITY OF POLICE WITNESSES BEYOND REVIEW BY COURT OF APPEALS (CT APP))/APPEALS (COURT OF APPEALS, CRIMINAL LAW, INVENTORY SEARCH, PEOPLE DEMONSTRATED INVENTORY SEARCH WAS VALID, DESPITE EXPECTATION CONTRABAND WOULD BE FOUND, CREDIBILITY OF POLICE WITNESSES BEYOND REVIEW BY COURT OF APPEALS (CT APP))

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