The fact that a defendant could have been arrested for littering did not justify a search that turned up a pistol, the First Department said Tuesday, invoking a new standard governing searches incident to arrest adopted by the Court of Appeals last December.
February 06, 2015 at 08:00 AM
1 minute read
The fact that a defendant could have been arrested for littering did not justify a search that turned up a pistol, the Appellate Division, First Department, said Tuesday.
The panel dismissed the charges and freed the defendant in People v. Mangum, 477/12, invoking a new standard governing searches incident to arrest adopted by the Court of Appeals last December in People v. Reid, NY Slip Op 08759 (2014) (NYLJ, Dec. 17, 2014).
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