You are here: / / FURTIVE MOVEMENTS JUSTIFIED POLICE OFFICER’S LIMITED SEARCH OF DEFENDANT’S...

FURTIVE MOVEMENTS JUSTIFIED POLICE OFFICER’S LIMITED SEARCH OF DEFENDANT’S CAR, USE OF BANK CARD READER ON CARDS IN DEFENDANT’S POSSESSION DID NOT REQUIRE A SEARCH WARRANT (FIRST DEPT).

The First Department, affirming defendant’s conviction, held that defendant’s furtive movements inside a car justified the police officer’s fear that defendant may have had a weapon, and the use of a bank card reader to see if the information on the magnetic strips of defendant’s cards matched the information on the front of the cards did not require a search warrant:

​

Upon the officers’ approach to his car, defendant’s “furtive motion[] in attempting to stuff something under the passenger seat . . . caused the officer to reasonably fear for his safety and reasonably believe that defendant might possess a weapon” … . The officers were thus justified in directing defendant to show his hands and get out of the car, and in performing a limited search of the area where defendant appeared to have hidden something … . The search revealed contraband, providing probable cause for defendant’s arrest … . …

​

Defendant’s final suppression argument is that when the police used a bank card reader to determine whether the account information contained in the magnetic strips of the cards recovered from defendant’s wallet matched the information printed on the front of the cards, this action was similar to a cell phone search, and it thus required a search warrant under Riley v California (573 US , 134 S Ct 2473 [2014]). However, a growing number of cases addressing this technology recognize that this type of police action does not violate any privacy interest protected by the Fourth Amendment … . People v Sankara, 2018 NY Slip Op 00224, First Dept 1-11-18

CRIMINAL LAW (SEARCH AND SEIZURE, FURTIVE MOVEMENTS JUSTIFIED POLICE OFFICER’S LIMITED SEARCH OF DEFENDANT’S CAR, USE OF BANK CARD READER ON CARDS IN DEFENDANT’S POSSESSION DID NOT REQUIRE A SEARCH WARRANT (FIRST DEPT))/SEARCH AND SEIZURE (CRIMINAL LAW,  FURTIVE MOVEMENTS JUSTIFIED POLICE OFFICER’S LIMITED SEARCH OF DEFENDANT’S CAR, USE OF BANK CARD READER ON CARDS IN DEFENDANT’S POSSESSION DID NOT REQUIRE A SEARCH WARRANT (FIRST DEPT))/FURTIVE MOVEMENTS (CRIMINAL LAW, SEARCH AND SEIZURE, FURTIVE MOVEMENTS JUSTIFIED POLICE OFFICER’S LIMITED SEARCH OF DEFENDANT’S CAR, USE OF BANK CARD READER ON CARDS IN DEFENDANT’S POSSESSION DID NOT REQUIRE A SEARCH WARRANT (FIRST DEPT))/BANK CARD READER (CRIMINAL LAW, SEARCH AND SEIZURE, FURTIVE MOVEMENTS JUSTIFIED POLICE OFFICER’S LIMITED SEARCH OF DEFENDANT’S CAR, USE OF BANK CARD READER ON CARDS IN DEFENDANT’S POSSESSION DID NOT REQUIRE A SEARCH WARRANT (FIRST DEPT))

You might also like
Denial of For Cause Juror Challenge Required Reversal
THERE IS NO HEIGHTENED PLEADING REQUIREMENT FOR CONSEQUENTIAL DAMAGES STEMMING FROM A BREACH OF AN INSURANCE CONTRACT, PLAINTIFF ALLEGED THE INSURER’S DELAY IN PAYING THE CLAIM FOR DAMAGE TO PLAINTIFF’S BUILDING, WHICH SHIFTED WHEN WORK WAS DONE ON AN ADJOINING BUILDING, RESULTED IN AN ARRAY OF CONSEQUENTIAL DAMAGES, THE CONSEQUENTIAL DAMAGES ASPECT OF THE COMPLAINT SHOULD NOT HAVE BEEN DISMISSED (FIRST DEPT).
LOSS OF TRANSCRIPT OF LAST DAY OF BENCH TRIAL AND SENTENCING DID NOT PRECLUDE APPEAL.
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT IN THIS INTERSECTION TRAFFIC ACCIDENT CASE SHOULD HAVE BEEN GRANTED, PLAINTIFFS NO LONGER NEED TO DEMONSTRATE FREEDOM FROM COMPARATIVE FAULT (FIRST DEPT).
ALL RISK ARTWORK INSURANCE DID NOT COVER DEFECTIVE TITLE, ALLEGATIONS DID NOT DEMONSTRATE A FIDUCIARY RELATIONSHIP BETWEEN INSURED AND BROKERS (FIRST DEPT).
CRITERIA FOR DETERMINING WHETHER A PROTECTIVE ORDER PROHIBITING THE DEPOSITION OF OPPOSING COUNSEL SHOULD BE GRANTED EXPLAINED, MATTER REMANDED (FIRST DEPT).
FAMILY COURT SHOULD NOT HAVE RELIED SOLELY ON THE IN CAMERA INTERVIEW WITH THE EIGHT-YEAR-OLD CHILD IN THIS MODIFICATION OF CUSTODY CASE, MATTER REMITTED (FIRST DEPT). ​
PLAINTIFF’S SILENCE COUPLED WITH GOING FORWARD TO ENTER THE LEASE CONSTITUTED ACCEPTANCE OF THE REAL ESTATE BROKER’S COUNTEROFFER FOR THE BROKERAGE FEE (SECOND DEPT).

Categories

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

CLAIMANT PROVED HE WAS EMPLOYED BY A COMPANY WHICH DID NOT HAVE WORKERS’... JUDGE SHOULD NOT HAVE ALLOWED DEFENDANT TO PLEAD TO A LESSER OFFENSE WITHOUT...