(DOWNLOAD) "People State New York v. Clarence Smith" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Clarence Smith
- Author : Court of Appeals of New York
- Release Date : January 07, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
[42 N.Y.2d 961 Page 962] Memorandum. Order of the Appellate Division reversed, the motion to suppress granted, and the indictment dismissed. Connection with a rented automobile alone did not give the police sufficient cause to stop defendant. The use of the flashlight in the circumstances of this case which resulted in the discovery of the firearm and the drugs was an unwarranted intrusion into the interior of the vehicle. There was no basis for suspicion other than defendant's prior presence in a rented car and his walking about the block. At best this gave the police by way of subjective hunch cause to investigate. Had it not been for the hunch the police would not have directed their attention to the interior of the car. They were not making a routine check of this or other parked cars, attended or unattended. Certainly, there was no inevitable discovery following a proper arrest, as in People v Fitzpatrick (32 N.Y.2d 499, 506-507, cert den 414 U.S. 1033), the authority cited by the Appellate Division for its affirmance. More applicable and precisely in point is People v Allende (39 N.Y.2d 474), involving a seizure of a weapon in a parked automobile, except for the fact that in the Allende case the police approached defendant with drawn guns.