People v. Carty

164 Misc. 2d 275, 624 N.Y.S.2d 771, 1995 N.Y. Misc. LEXIS 86
CourtNew York Supreme Court
DecidedFebruary 28, 1995
StatusPublished
Cited by4 cases

This text of 164 Misc. 2d 275 (People v. Carty) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Carty, 164 Misc. 2d 275, 624 N.Y.S.2d 771, 1995 N.Y. Misc. LEXIS 86 (N.Y. Super. Ct. 1995).

Opinion

[276]*276OPINION OF THE COURT

Robert Charles Kohm, J.

Defendant challenges his arrest and the seizure of physical evidence. At issue is the right of the police to stop a taxi for the purpose of handing out safety pamphlets.

A Mapp-Dunaway hearing was held on January 20, 1995. The court found the testimony of Police Officer Rakesh Verma to be highly credible. At such hearing, the court made the following findings of fact:

On July 4, 1994, Police Officer Rakesh Verma and Detective Hickey, both of the 104 Robbery Squad Precinct, were on patrol duty in Queens. They were dressed in plain clothes and rode in an unmarked car. This team was temporarily assigned to the Taxi Livery Robbery Task Force. Their assignment, for a period of 30 days, was to conduct a safety check on cabs, giving them advice on the services rendered by the Police Department to taxicabs and advising them of hazardous conditions within their industry. Their major duty consisted of stopping cabs and issuing a departmental pamphlet, entitled "Safety Tips for Cab Drivers”. In addition, they would advise taxi drivers that plainclothes officers were present in the area and if assistance was needed, they could request help.

At approximately 3:00 a.m., the officers were in the vicinity of 113th Street and Farmers Boulevard performing their duty of stopping cabs. At that time, Officer Verma observed a moving 1986 Ford vehicle bearing a taxicab license plate. Two people were in the rear. The officers, who had previously stopped three other cabs, made a U-turn and drove behind the taxi. For a short while they flashed their lights and sounded their siren for the purpose of pulling the taxi over.

The taxi responded by slowing down and pulling to the curb. As it did so, the passenger in the right rear seat opened the car door and fled into the night. Once the taxi stopped, a few seconds later, the other passenger opened the left rear door and exited, moving rapidly to the rear of the taxi. Officer Verma promptly stopped him.

The officer noted that the left car door was still open and looked inside the taxi. He observed a handgun on the left rear floorboard. The passenger, who is the defendant in this action, was placed under arrest for possession of a gun. He was handcuffed and searched. A substance resembling crack cocaine was found in a plastic change purse in his left rear pocket, as was a plastic bag of marihuana, located in the right [277]*277front pocket. Defendant now challenges the initial stopping of the taxi, the ensuing search of the vehicle, the seizure of the gun and both drugs. He alleges a lack of probable cause to justify a vehicle stop.

I

FEDERAL CASES

The earliest pertinent case dealing with automobile stops was Carroll v United States (267 US 132) which dealt with "transporting in an automobile intoxicating spirituous liquor * * * in violation of the National Prohibition Act” (supra, at 134). Although this act has long since been repealed, the Fourth Amendment principles set forth in that case still constitute basic law. The Carroll Court held: (1) That because of the mobility of a car, a vehicle may normally be searched without a warrant (supra, at 153-154); (2) That the lack of a warrant does not nullify Fourth Amendment requirements of probable cause (supra, at 156); (3) That the search of a car may be justified as to reasonable cause if the seizing officer could support a belief that the contents of the auto offended the law (supra, at 160-161).

Subsequently, probable cause to search an automobile was extended to any grounds which would justify the arrest of the occupants of the car (see, Chambers v Maroney, 399 US 42).

With the passage of time, it became apparent to the Federal courts that police authorities had virtually as many reasons to stop cars as they had to halt pedestrians. A more complex reason for halting vehicles arose from investigative stops. These car stops sprang from police experience and dealt with situations in which the "officers making the stop have neither probable cause to believe nor reasonable suspicion that either the automobile or its occupants are subject to seizure under the applicable criminal laws.” (Delaware v Prouse, 440 US 648, 655.) This form of police interference was first permitted in international border situations when the Supreme Court ruled that border patrol agents were permitted to halt any vehicle at random for the purpose of determining whether it contained illegal aliens or was involved in smuggling operations (see, United States v Brignoni-Ponce, 422 US 873). The rationale for this border stop was "because of the importance of the governmental interest at stake, the minimal intrusion of a brief stop, and the absence of practical alternatives for policing the border” (supra, at 881).

[278]*278Thus, the Supreme Court recognized the fact that under some circumstances an initial auto stop may result from police initiative rather than suspicious actions on the part of the driver.

II

NEW YORK CASES

Turning to the present matter, defendant alleges that none of his actions brought him into the police zone of scrutiny. As far as the investigating officers were concerned, he was simply one of two passengers in a nighttime taxi. His presence was totally innocuous. Further, the taxi driver was not a subject of police suspicion in any fashion. This being the case, defendant maintains that the authorities had no probable cause to stop the taxi and the ensuing searches and seizures were tainted as fruit of the poisonous tree. As regards the initial taxi stop, defendant argues that this was the equivalent of a roadblock and whatever justification the police might have possessed was nullified by the lack of specific guidelines governing such a form of intrusion.

In considering this roadblock argument, it is clear that our State courts, before Delaware v Prouse (supra), regarded even a "routine” traffic check as a violation of the Fourth Amendment, justified only by a reasonable suspicion of violation of the traffic laws or by highway safety reasons which permitted inspections in a nonarbitrary, uniform and systematic way (People v Ingle, 36 NY2d 413).

The Court of Appeals, in People v John BB. (56 NY2d 482), explored the nature of uniform and nonarbitrary car stops. That case dealt with a series of summertime burglaries in a remote rural region. Due to the nature of the crime, the local police began a surveillance of the area and uniformly stopped vehicles travelling in that neighborhood. One of these stops produced possible evidence linking the defendant with the burglaries. Defendant moved to suppress such evidence on the ground that the initial police roadblock was illegal. The question considered by the Court was "whether the stop of the defendants was the type of unreasonable seizure prohibited by the Constitution.” (Supra, at 487.) The Court concluded that the original stop was not based on the desire to harass or mere whim, but rather on reasonable facts which justified a roving roadblock conducted in a uniform and nonthreatening manner. Hence, the motion to suppress was denied.

[279]*279The present case falls within the police discretionary stop scenario discussed in People v John BB. (supra).

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Bluebook (online)
164 Misc. 2d 275, 624 N.Y.S.2d 771, 1995 N.Y. Misc. LEXIS 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carty-nysupct-1995.