The People v. Graham Reid

This opinion is uncorrected and subject to revision before publication in the New York Reports. No. 205 The People &c., Respondent, v. Graham Reid, Appellant. Antonio J. Perez-Marques, for appellant. Richard Nahas, for respondent. New York Civil Liberties Union, amicus curiae. SMITH, J.: The issue here is whether a search of a driver by the police officer who stopped his car was "incident" to the driver's - 1 - - 2 - No. 205 arrest. We hold that it was not, because the record shows that, although probable cause to arrest the driver existed before the search, the driver would not have been…