People v. May

52 A.D.3d 147, 861 N.Y.S.2d 276
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 27, 2008
StatusPublished
Cited by13 cases

This text of 52 A.D.3d 147 (People v. May) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. May, 52 A.D.3d 147, 861 N.Y.S.2d 276 (N.Y. Ct. App. 2008).

Opinion

OPINION OF THE COURT

Saxe, J.P

Where police officers who initially detained defendant on a routine traffic stop continued to detain him when no further identifiable grounds for the stop remained, defendant’s suppression motion was properly granted.

On the night of June 21, 2006, Police Officer Brian Erbis was driving a marked police car on patrol in Manhattan’s Chelsea neighborhood with Sergeant Pelicotti and Lieutenant Ryan. At approximately 9:45 p.m., Officer Erbis saw a Chevrolet Impala parked in a no standing zone in front of 501 West 28th Street. Erbis drove past the car and turned left onto 10th Avenue, while continuing to watch it. He then saw an African-American male exit a building and enter the driver’s side of the car, after which the car drove east on 28th Street. Erbis followed behind, believing the car’s occupants were involved in “some sort of drug activity.”

The Impala turned south onto Seventh Avenue and double-parked in front of a delicatessen at the corner of 27th Street. The driver, defendant Rashan May, exited the car and went inside the deli, while his passenger, Robert Patterson, remained in the front passenger seat. Officer Erbis pulled behind the Impala and activated the police car’s emergency lights. Carrying flashlights, all three officers approached the Impala. Sergeant Pelicotti stood behind the front passenger door, where he could see inside the car, Lieutenant Ryan stood behind the car, and Erbis approached the driver’s side. All the car’s windows were [149]*149rolled down. At this point, Erbis suspected that “other things were going on.”

Erbis quickly scanned the car’s interior, looking for weapons, then bent down, looked through the driver’s window and asked Patterson where he was coming from. Patterson initially replied “[U]ptown,” and then stated that he and defendant had just come from West 28th Street, where they were trying to locate a woman named Lindsey. Patterson’s demeanor was calm and friendly.

Erbis first testified that when he asked Patterson to tell him Lindsey’s apartment number, Patterson said he did not know. However, Erbis later testified that when asked this question, Patterson replied that Lindsey lived in apartment IE. When confronted by the court about this discrepancy, Erbis maintained that when asked, Patterson did not know Lindsey’s apartment number. However, the People’s voluntary disclosure form states that Patterson told Erbis that Lindsey lived in apartment 1E. Erbis then asked for and took possession of Patterson’s Alabama driver’s license.

When defendant exited the deli, Erbis told him that he was double-parked and asked where he’d come from, to which defendant replied, “West 28th Street.” Defendant provided Erbis with his license and the car’s registration, which Erbis took back to the patrol car. Before doing so, though, Erbis asked defendant if there was anything in the car that he should know about, to which he received a negative response. Erbis then radioed the dispatcher to perform a license/registration/warrant check. He explained:

“[I]t was very busy that night, so the dispatcher took the information and was processing it. And I remember it taking a while before the dispatcher came back to me with a response. Later on, a dispatcher said it was, quote, just no hit. I didn’t feel comfortable with that kind of response because usually the dispatcher relays all kinds of information in regards. So, just on a professional hunch, I called for an available sector to come that has a computer.”

The sector car arrived 10 to 15 minutes later. Erbis ran a background check on its computer and learned that there was an outstanding warrant for defendant on a DWI charge. At this point, it was about 10:30 p.m., 40 minutes after the initial stop and 25 to 30 minutes after Erbis had taken possession of defendant’s driver’s license and registration.

[150]*150Upon learning of the warrant, Erbis instructed defendant to step out of the car. Defendant opened the car door, activating the interior lights, at which time, Erbis testified, he saw two small containers the size of prescription medicine bottles, two inches high and IV2 inches in diameter, with white caps, containing a green leafy substance, on the floorboard behind the passenger seat. Erbis had previously seen this type of vial used to package hydroponic marijuana. Erbis then searched the car, recovering a plastic bag filled with additional vials of marijuana, which he also found on the rear floorboard. More vials were found in the center console, along with cash and business cards that Erbis believed were for a drug courier business. Defendant and Patterson were arrested and transported to the precinct, where searches conducted incident to arrest revealed cocaine in their possession.

The suppression court, while it accepted the bulk of Erbis’s testimony, discredited his testimony that the two small vials of marijuana were in plain view when the door was opened. Rather, it found, based upon the size of the vials and the photographs depicting their location and visibility in the car, that the officer could not have seen the containers, and certainly could not have seen them well enough to observe that they contained marijuana. It held that because the search of the car was illegal, the marijuana seized as a result thereof should be suppressed, and that because the cocaine found on defendant’s person was discovered due solely to an arrest made after an unlawful detention, it too must be suppressed.

Discussion

The People do not challenge the court’s credibility finding and its consequent suppression of the marijuana. Their contention on appeal is limited to challenging the suppression of the cocaine found on defendant’s person following his arrest. They argue that defendant’s continued detention after the initial stop was not unreasonable in either scope, duration or intensity, and that the length of the detention was necessary and proper because the officer’s initial check with authorities produced information that was lacking in reliability, requiring the officer to probe further.

To begin, the officers’ initial approach of the Impala, their request for limited information and documents, and their detention of the vehicle for purposes of calling in a computer check and drawing up a summons were proper based upon the traffic violation (see People v Valerio, 274 AD2d 950 [2000], affd 95 [151]*151NY2d 924 [2000], cert denied 532 US 981 [2001]). However, a traffic stop constitutes a limited seizure of a vehicle’s occupants (People v Banks, 85 NY2d 558, 562 [1995], cert denied 516 US 868 [1995]; People v Barreras, 253 AD2d 369, 372 [1998]), and the length of any subsequent detention must be reasonably related to the circumstances which first justified the stop (United States v Sharpe, 470 US 675, 682 [1985]; Banks at 562; Barreras at 372-373).

In Banks, the Court of Appeals reversed a denial of the defendant’s suppression motion where the defendant’s car was pulled over on the Thruway for a seat belt violation, and thereafter detained while the Trooper who stopped it called for backup to search the vehicle. The Court held that the defendant’s nervousness and the innocuous discrepancies between the driver’s and the passenger’s answers regarding the origin, destination and timing of their trip did not provide a basis for reasonable suspicion of criminality (85 NY2d at 562). In Barreras,

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Bluebook (online)
52 A.D.3d 147, 861 N.Y.S.2d 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-may-nyappdiv-2008.