Anderson v. State

28 Misc. 3d 336, 901 N.Y.S.2d 500
CourtNew York Court of Claims
DecidedApril 16, 2010
DocketClaim No. 113255
StatusPublished

This text of 28 Misc. 3d 336 (Anderson v. State) is published on Counsel Stack Legal Research, covering New York Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. State, 28 Misc. 3d 336, 901 N.Y.S.2d 500 (N.Y. Super. Ct. 2010).

Opinion

OPINION OF THE COURT

Terry Jane Ruderman, J.

Background

Claimant brings this claim for false arrest, false imprisonment and malicious prosecution arising out of a traffic stop by New York State Troopers which occurred just before 3:00 a.m. on August 2, 2005. The vehicle claimant was driving failed to have its rear license plate lamp illuminated as mandated by Vehicle and Traffic Law § 375 (2) (a) (4). Upon learning that claimant was not the registered owner of the vehicle, the Trooper decided not to issue claimant a ticket, but rather to give claimant a verbal warning and to show him the violation which needed to be corrected. As claimant exited the vehicle and walked toward the rear of the car, the Trooper noticed a bulge in claimant’s pocket which was later discovered to be an 8.8-ounce triangular-shaped block of cocaine, measuring 4 by 41/2 inches and 13/4 inches thick. Claimant was arrested and handcuffed. An additional 5.4 ounces of cocaine were retrieved from claimant’s other pocket and marijuana was recovered from an inventory search of the vehicle. According to the Trooper, and as indicated in the arrest report, eight minutes elapsed from the time of the initial stop for the traffic violation until claimant was handcuffed (exhibit A).

Claimant was subsequently charged with criminal possession of a controlled substance in the first degree (Penal Law § 220.21); criminal possession of a narcotic drug with intent to sell (Penal Law § 220.16 [1]); unlawful possession of marijuana (Penal Law § 221.05); and violation of a condition of sentence-probation (CPL 410.40 [2]) (exhibit A). He was indicted in Rock-land County and confined in the Rockland County Correctional Facility. On February 1, 2006, a suppression hearing was held before the Honorable Catherine Bartlett in the County Court, County of Rockland. By decision of that court dated February [338]*33810, 2006, all of the drugs recovered from claimant and the vehicle were suppressed (exhibit 2). Approximately one week later, the indictment was dismissed and sealed, and claimant was released from custody.

Court of Claims Action

Claimant seeks money damages in this court arguing that, even if the initial stop for the traffic infraction was justified, the Troopers thereafter acted in bad faith by unreasonably detaining claimant and searching him after the lawfulness of the detention had been exhausted. The trial of this claim was bifurcated and this decision pertains solely to the issue of liability.

Claimant testified that on August 2, 2005, he was traveling with his friend, Lashon Turner, northbound on the New York State Thruway from the Bronx en route to Albany. Claimant was driving a Jeep Cherokee owned by Turner’s girlfriend. They had just crossed the Tappan Zee Bridge and were continuing on Interstate 87 (1-87) when claimant observed a New York State Trooper car on the right shoulder. The Troopers approached from behind and directed claimant to pull over to the right shoulder. The Jeep stopped on a dirt pebble surface and the Trooper car was behind at a distance of approximately seven feet.

Trooper Hoeverman approached the Jeep and requested claimant’s license and registration. Claimant complied and Hoeverman walked back to the patrol car. According to claimant, Hoeverman returned and ordered claimant out of the Jeep and directed him to the back of the vehicle. Claimant complied. The Trooper then “got behind” claimant and patted him down from the back (T at 174).

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Related

People v. Edwards
925 N.E.2d 576 (New York Court of Appeals, 2010)
Broughton v. State
335 N.E.2d 310 (New York Court of Appeals, 1975)
People v. Kelly
37 A.D.3d 866 (Appellate Division of the Supreme Court of New York, 2007)
People v. Edwards
65 A.D.3d 829 (Appellate Division of the Supreme Court of New York, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
28 Misc. 3d 336, 901 N.Y.S.2d 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-state-nyclaimsct-2010.