You are here: / / THE IMPOUNDMENT OF DEFENDANT’S VEHICLE WAS NOT DEMONSTRATED TO HAVE...
,

THE IMPOUNDMENT OF DEFENDANT’S VEHICLE WAS NOT DEMONSTRATED TO HAVE BEEN NECESSARY AND THE PROCEDURES FOR AN INVENTORY SEARCH OF THE VEHICLE WERE NOT FOLLOWED; THE SEIZED HANDGUN SHOULD HAVE BEEN SUPPRESSED (THIRD DEPT). ​

The Third Department, granting defendant’s motion to suppress a handgun, over a dissent, determined the impoundment of defendant’s vehicle after a traffic stop was unnecessary and the search of the vehicle was not a valid inventory search:

Maggs’ [the arresting officer’s] ambiguous testimony — essentially asserting that any vehicle parked on the street would be unsafe if unattended — falls short of demonstrating that the subject vehicle was not reasonably secure and safe in this residential area, among the many other vehicles parked curbside … . Further, although departmental policy did not require Maggs to investigate whether defendant’s father, who was not present at the scene, was in fact willing and able to take control of the vehicle, “facts were brought to [Maggs’] attention to show that impounding would be unnecessary” … . Moreover, defendant’s inquiry as to whether the vehicle could be picked up at some later point is tantamount to a request to leave the vehicle where it was, presenting yet another situation in which a vehicle should not be towed per written departmental policy. Given the People’s failure to demonstrate that the vehicle was lawfully impounded at the time of the inventory search, defendant’s motion should have been granted.

The People also failed to demonstrate that the so-called inventory search was conducted in compliance with established procedures … . * * *

There is also considerable indicia that the purported inventory search was a pretext to search for contraband, including the canvassing of defendant’s residence, the absence of any traffic citation, and the fact that the decision to arrest defendant and impound the vehicle came only after defendant refused to provide his consent to search the vehicle … . People v Gray, 2025 NY Slip Op 00249, Third Dept 1-16-25

Practice Point: Here the vehicle could have been safely left parked where it was, or it could have been picked up by someone. To impound the vehicle therefore violated the police department’s regulations. Because the People did not prove the vehicle was legally impounded at the time it was searched the suppression motion should have been granted.

Practice Point: The hallmark of a valid inventory search is an inventory list, which was not created here.

 

You might also like
Collective Bargaining Agreement Subsequently Made Retroactive to Cover Period When it Had Expired Did Not Include Firefighters Hired During the Period the Agreement Had Expired
Bank’s Failure to Strictly Comply With the Filing Deadline in RPAPL 1306 Required Dismissal of the Complaint Seeking Foreclosure
JURY SHOULD HAVE BEEN INSTRUCTED ON THE “INNOCENT POSSESSION OF A WEAPON” DEFENSE, CONVICTIONS REVERSED (THIRD DEPT).
THE ROLLING LADDER LEFT IN THE AISLE OF DEFENDANT’S STORE WAS READILY OBVERSABLE, WHICH SPEAKS ONLY TO DEFENDANT’S DUTY TO WARN, NOT TO THE DUTY TO KEEP THE PREMISES SAFE; THE PROTRUDING BAR ON THE LADDER CREATED A POTENTIAL TRIPPING HAZARD; DEFENDANTS’ SUMMARY JUDGMENT MOTION SHOULD NOT HAVE BEEN GRANTED (THIRD DEPT).
Contract Merged with the Deed and Any Rights Afforded Purchaser by the Uniform Vendor and Purchaser Risk Act Were Extinguished Upon Transfer of Title
QUORUM REQUIREMENT NOT MET, CERTIFICATES OF NOMINATION INVALID (THIRD DEPT).
THE RECEIVER APPOINTED TO CONTROL PROPERTY INVOLVED IN AN OWNERSHIP DISPUTE SHOULD HAVE BEEN SUBSTITUTED AS THE REPRESENTATIVE OWNER IN A SLIP AND FALL CASE (THIRD DEPT). ​
Slip and Fall Suit Against Out-Of-Possession Landlord Properly Dismissed

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

DEFENDANT’S UNEQUIVOCAL ASSERTION OF HIS RIGHT TO REMAIN SILENT WAS IGNORED... THE TRIAL JUDGE COMPLETELY BYPASSED THE BATSON PROCEDURE WHEN DEFENSE COUNSEL...