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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46622 Justice Cirigliano AFTER POLICE officers observed defendant hide narcotics in his pants, the arresting officer opened defendant’s pants, on the street, and saw a bag containing drugs between his buttocks. Due to the lack of rubber gloves, the contraband was not immediately removed but was subsequently recovered. Defendant, claiming to have been strip searched on the street, sought suppression. He relied on People v. Mitchell, which held that a strip search on the street in public view violates the Fourth Amendment. The court determined that Mitchell was inapplicable because defendant’s pants had only been loosened and no part of his body was visible to the public. Based the weight of authority of out-of-state decisions, the court ruled that where a police officer has probable cause to believe that a defendant has hidden narcotics inside his pants, the loosening of the pants so as to conduct a visual inspection does not violate the Fourth Amendment.

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