People v. Brown

151 A.D.2d 199, 547 N.Y.S.2d 909, 1989 N.Y. App. Div. LEXIS 14199
Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1989·Published·Cited by 18 cases

Opinion

OPINION OF THE COURT

Kane, J. P.

The conviction appealed herein stems from defendant’s sale of two pounds of the controlled substance marihuana. Defendant’s primary contention is that County Court erred in denying his motion to suppress evidence seized from a briefcase which defendant had placed in the automobile he was driving at the time of his arrest. The facts, as revealed at the suppression hearing, show that defendant became part of a police investigation originally revolving around suspected drug traffickers Jay Hurd and Jeffrey Valas. Defendant, also a suspected drug dealer, was seen visiting them at a local hotel the day before his arrest. On the following day, defendant and Hurd were seen leaving the hotel and heading in the direction [201]*201of a local marihuana dealer. Hurd and defendant were watched closely upon their return to the hotel, the police believing a drug transaction had occurred.

Hurd and Valas eventually left the hotel that day, their vehicle being stopped by the police shortly thereafter. Upon apprehending Hurd and Valas, the police found a gun in their vehicle and Valas admitted there was also marihuana in the car. All this was relayed to the police watching defendant, who was observed a few hours later leaving the hotel with two briefcases. Defendant placed the briefcases in an automobile borrowed from his sister and drove away. A computer check revealed that defendant’s driver’s license had been revoked and, suspecting that he had participated in a drug transaction, the police stopped defendant’s vehicle and arrested him for unlicensed operation of a motor vehicle, hoping to obtain further evidence of defendant’s involvement in the drug sale. Upon defendant’s arrest, the police located the briefcases but defendant refused to consent to their search and immediately entered the vehicle and locked the briefcases. The police then obtained permission from the car’s owner, defendant’s sister, to search the vehicle and found within one of the briefcases a bound stack of 260 $1 bills with $20 bills placed on both sides.

County Court refused to suppress the money, finding, inter alia, that there was probable cause to arrest defendant and that defendant’s sister validly consented to a search of the briefcases. At trial, the People’s case was based in large part on the fact that the configuration of the money was the same as that given by Hurd when describing the drug transaction that took place between himself and defendant, who was subsequently convicted for criminal sale of marihuana in the first degree.

In affirming the conviction, we focus our attention on the issue of whether the warrantless search of defendant’s vehicle was based on probable cause and thus justified under the "automobile” exception to the warrant requirement provided for by our State and Federal Constitutions (see, People v Belton, 55 NY2d 49, 52).

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People v. Brown, 151 A.D.2d 199, 547 N.Y.S.2d 909, 1989 N.Y. App. Div. LEXIS 14199 (N.Y. Ct. App. 1989).

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