Cocaine that police said a defendant discarded after a traffic stop for playing his car stereo too loud should be suppressed and his drug conviction reversed, the Appellate Division, Third Department, has determined. The unanimous panel found in People v. Driscoll, 103356, that police in Chemung County lacked justification to conduct the pat frisk of Rashad Driscoll that resulted in the discovery of the cocaine.
After stopping Driscoll’s vehicle for a possible noise ordinance violation, officers were notified that he was on parole and that his parole officer was heading to the scene to talk to him, according to the court. Meanwhile, the officers asked Driscoll what he was on parole for and he said “drugs.” They ordered him out of his car and began a pat frisk. Driscoll fled, discarding a bag that was later determined to contain cocaine. He pleaded guilty to criminal possession of a controlled substance and was sentenced to 3 1/2 years in prison.
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