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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48296

Justice Bamberger

DEFENDANT SOUGHT suppression of drugs seized during a search of a car in which he and the co-defendant were driving. At a Mapp hearing, a police sergeant testified that he and a fellow officer, stopped the car for excessively tinted windows. The defendant allegedly consented to the car’s search while the sergeant investigated his driver’s license and the car’s registration. After asking if the car contained contraband, the sergeant searched the car and recovered drugs from under its driver’s seat. Additional drugs were seized during an inventory search after defendants’ arrest. The court granted suppression, finding the consent for the car’s search to be the product of police misconduct. Although the initial inquiry of defendant was appropriate after a legitimate car stop, the court, citing People v. Hollman, ruled that subsequent, accusatory questioning was not supported by a founded suspicion of criminal activity.

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