People v. White

OPINION OF THE COURT

Kathleen M. Rogers, J.

*936On May 16, 2005 this court conducted a hearing to determine the legality of the stop of defendant’s vehicle by Border Patrol agents at a temporary checkpoint, his subsequent detention pending the arrival of a State Police officer with a drug-detecting dog, and defendant’s eventual warrantless arrest for first degree criminal possession of marihuana (Penal Law § 221.30).

Findings of Fact

At 12:49 p.m. on April 20, 2004 agents of the United States Border Patrol (Department of Homeland Security) were operating a temporary checkpoint near the conjunction of…