People v. Anderson

The People concede that before the police officer opened the tin box and discovered the glassine envelopes of heroin, there wns no probable cause to make an arrest and, therefore, the search cannot be sustained on the ground that it was incident to a lawful arrest. Accordingly, the only basis upon which the search could be sustained is, as the People contend, that the defendant abandoned the evidence seized. The police officer testified that the defendant “ dropped a tin box ” just prior to the police officer’s making contact with the defendant’s hand. Considering the testimony of the police…