A New York judge has granted a motion to suppress in a weapon-possession case, holding that texting while driving was not illegal in June 2009 and could not serve as the basis of a search and seizure. The judge held that even if texting had been illegal, doing so still would not have supported the arrest of drivers who text or searches of their cars. The judge also found that the arresting officer's mistaken belief that the driver's Virginia license was only a permit did not justify the subsequent search and arrest.
May 14, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A Brooklyn, N.Y., judge has granted a motion to suppress in a weapon-possession case, holding that texting while driving was not illegal in June 2009 and could not serve as the basis of a search and seizure.
In any case, Acting Supreme Court Justice Mark Dwyer held that even if texting had been illegal, doing so still would not have supported arresting drivers who text or searching their cars.
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