People v. Tolentino

926 N.E.2d 1212, 14 N.Y.3d 382, 900 N.Y.S.2d 708
CourtNew York Court of Appeals
DecidedMarch 30, 2010
Docket37
StatusPublished
Cited by13 cases

This text of 926 N.E.2d 1212 (People v. Tolentino) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Tolentino, 926 N.E.2d 1212, 14 N.Y.3d 382, 900 N.Y.S.2d 708 (N.Y. 2010).

Opinions

OPINION OF THE COURT

Read, J.

At about 7:40 p.m. on New Year’s Day in 2005, defendant Jose Tolentino was driving a car in the vicinity of West 181st Street and Broadway in New York City. The police stopped him for playing music too loudly, learned his name, and ran a computer check of Department of Motor Vehicles (DMV) files to look up his driving record. When this check revealed that defendant’s license was suspended with at least 10 suspensions imposed on at least 10 different dates, he was arrested and charged with one count of aggravated unlicensed operation of a motor vehicle in the first degree.

[384]*384As part of an omnibus motion, defendant sought to suppress his driving record and any statements made after arrest; alternatively, he asked Supreme Court to hold a MappIDunaway and/or a Huntley/Dunaway hearing. Defendant alleged that the police unlawfully stopped his car and illegally obtained his driving record from DMV Specifically, he contended that his driving record was a suppressible fruit of a Fourth Amendment violation because “[t]he steps required to obtain a DMV records check are the stop of the vehicle and the elicitation of the driver’s name or the driver’s license number.” As a result, defendant argued, “[b]ut for defendant’s unlawful seizure by the police, his DMV records would not have been obtained in this case, and they are therefore the fruit of the police illegality.” The People opposed the motion, first on the ground that the stop was legal; second, they took the position that, even if the stop were, in fact, illegal, a defendant’s identity is never a suppressible fruit, and, in any event, a public agency possessed the records.

On July 12, 2005, Supreme Court granted defendant’s motion for a Huntley/Dunaway hearing, but denied his request for a Mapp hearing. The judge held that “[a]n individual does not possess a legitimate expectation of privacy in files maintained by the [DMV] and such records do not constitute evidence which is subject to suppression under a fruit of the poisonous tree analysis.” On August 3, 2005, defendant pleaded guilty to the crime charged in exchange for five years’ probation; on September 28, 2005, Supreme Court sentenced him as promised.

Defendant appealed, claiming that because his driving record was suppressible, he was entitled to a remand for a hearing. The Appellate Division disagreed and unanimously affirmed (59 AD3d 298 [1st Dept 2009]). The court relied on the United States Supreme Court’s decision in INS v Lopez-Mendoza (468 US 1032, 1039 [1984]) for the proposition that the identity of a defendant is never suppressible as the fruit of an unlawful arrest. And because defendant’s identity led to the discovery of his DMV records, those records were likewise not suppressible. Finally, the Appellate Division noted that the records had been compiled independently of defendant’s arrest. A Judge of this Court granted defendant permission to appeal (12 NY3d 860 [2009]), and we now affirm.

In INS v Lopez-Mendoza (468 US at 1039) the Supreme Court held that the “ ‘body’ or identity of a defendant . . . in a criminal or civil proceeding is never itself suppressible as a fruit of [385]*385an unlawful arrest, even if it is conceded that an unlawful arrest, search, or interrogation occurred.” A contrary holding would “permit[ ] a defendant to hide who he is [and] would undermine the administration of the criminal justice system” (United States v Farias-Gonzalez, 556 F3d 1181, 1187 [11th Cir 2009]). Accordingly, defendant does not argue that his name or identity would be subject to suppression as a fruit of the allegedly unlawful stop. Rather, he claims that the preexisting DMV records are subject to suppression because without the alleged illegality, the police would not have learned his name and would not have been able to access these records.

Federal circuit courts addressing this issue in the context of those suspected of illegally residing in the country have held that, when the police stop or seize a defendant, learn his or her name, and use that name to check preexisting government immigration files, the records are not subject to suppression (United States v Farias-Gonzalez, 556 F3d at 1189; United States v Bowley, 435 F3d 426, 430-431 [3d Cir 2006]; United States v Roque-Villanueva, 175 F3d 345, 346 [5th Cir 1999]). For example, in Hoonsilapa v Immigration & Naturalization Serv. (575 F2d 735, 737 [9th Cir 1978]), the government sought to deport an alien after learning from his INS administrative file that he was in the country illegally. The alien moved to suppress the file, arguing that it was the “fruit” of an illegal search and arrest (id.). The Ninth Circuit rejected the argument, noting that the alien’s INS file was already in the possession of the government at the time of the purportedly illegal arrest and search, and that the government’s “decision to search the INS files was only the ‘product’ of the discovery of [the alien’s] identity during the illegal arrest and search” (id. at 738). The court emphasized that “the mere fact that Fourth Amendment illegality directs attention to a particular suspect does not require exclusion of evidence subsequently unearthed from independent sources” (id.).

The facts here are analogous. The officers learned defendant’s identity when they stopped his car; that knowledge permitted the police to run a computer check that led to the retrieval of defendant’s DMV records. Under the rationale of Lopez-Mendoza and the above federal circuit court decisions, defendant’s DMV records were therefore not suppressible as the fruit of the purportedly illegal stop. In short, “there is no sanction . . . when an illegal arrest only leads to discovery of the man’s identity and that merely leads to the official file or [386]*386other independent evidence” (United States v Guzman-Bruno, 27 F3d 420, 422 [9th Cir 1994] [citation and internal quotation marks omitted]).

While not forming an independent basis for this outcome, the result is further supported by the nature of the records at issue, which were public records already in the possession of authorities (United States v Crews, 445 US 463, 475-477 and 475 n 22 [1980 plurality op] [“(t)he exclusionary rule enjoins the Government from benefiting from evidence it has unlawfully obtained; it does not reach backward to taint information that was in official hands prior to any illegality”]; see also Matter of Jason W., 272 AD2d 214 [1st Dept 2000]; People v Bargas, 101 AD2d 751, 752 [1st Dept 1984]).

In People v Pleasant (54 NY2d 972 [1981]), we applied similar principles to deny exclusion of independently-compiled information in the possession of a public agency. There, the defendant was illegally arrested in Suffolk County for weapon possession, at which time the police discovered that one of the guns recovered during the unlawful arrest had been used in a robbery in Bronx County. Suffolk County authorities conveyed this information, along with the defendant’s name and date of birth, to the Bronx police. The Bronx police then retrieved the defendant’s photograph from the Bureau of Criminal Identification and showed it to the robbery victims, who positively identified the defendant from a photographic array. After the defendant was arrested on a warrant, one of the robbery victims identified him in a lineup.

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Cite This Page — Counsel Stack

Bluebook (online)
926 N.E.2d 1212, 14 N.Y.3d 382, 900 N.Y.S.2d 708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tolentino-ny-2010.