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
PUTBACK ACTION STEMMING FROM THE PURCHASE OF RESIDENTIAL MORTGAGE BACKED SECURITIES SURVIVED MOTIONS TO DISMISS.
DEFENDANTS’ MOTIONS TO AMEND THEIR ANSWERS IN THIS MED MAL CASE TO ALLEGE PLAINTIFF’S CULPABLE CONDUCT AND COMPARATIVE NEGLIGENCE (RE: HER WEIGHT AND SMOKING) SHOULD HAVE BEEN GRANTED; THE DELAY IN MAKING THE MOTION CAUSED NO PREJUDICE; GOOD CAUSE FOR THE DELAY NEED NOT BE SHOWN; FAILURE TO INCLUDE THE AMENDED PLEADINGS WITH THE MOTION PAPERS AND DEFECTS IN VERIFICATIONS SHOULD HAVE BEEN OVERLOOKED (FIRST DEPT).
PLAINTIFF MINORITY SHAREHOLDER ALLOWED TO REPLEAD DIRECT CLAIMS UNDER CAYMAN ISLANDS LAW AGAINST THE CORPORATION STEMMING FROM DISPROPORTIONATE PAYMENT OF DIVIDENDS AND BREACH OF FIDUCIARY DUTY BETWEEN DIRECTORS AND PLAINTIFF.
DEFENDANT SHOULD HAVE BEEN ALLOWED TO PRESENT REVERSE MOLINEUX THIRD PARTY CULPABILITY EVIDENCE, EVIDENCE THAT DEFENDANT DID NOT COMMIT OTHER UNCHARGED ROBBERIES WHICH HAD THE SAME MODUS OPERANDI AS THE CHARGED ROBBERIES, AS WELL AS AN EXCULPATORY FINGERPRINT CARD, CONVICTION REVERSED (FIRST DEPT).
Proof of Janitorial Schedule Demonstrated Absence of Constructive Notice of Liquid on Stairs
PLAINTIFF BOOK-PRINTER REPUDIATED ITS BOOK-PRINTING CONTRACT WITH DEFENDANT WHEN IT SOLD ITS PRINTING OPERATION TO A THIRD PARTY (FIRST DEPT). ​
THE JURY’S FINDING THAT THE SCAFFOLD PROVIDED ADEQUATE PROTECTION FOR THE PLAINTIFF IN THIS SCAFFOLD-FALL CASE WAS AGAINST THE WEIGHT OF THE EVIDENCE; NEW TRIAL REQUIRED (FIRST DEPT).
IN THIS CHILD VICTIMS ACT CASE, LONG-ARM JURISDICTION WAS PROPERLY EXERCISED OVER AN OUT-OF-STATE CATHOLIC DIOCESE WHICH EMPLOYED DEFENDANT PRIEST WHO WAS ASSIGNED TO A NEW YORK PARISH (FIRST 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 © 2026 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...