People v. Holloway

(for affirmance). Defendant seeks to reverse his convictions for possession of heroin and possession of cocaine on the ground that the trial court erred in failing to suppress tinfoil packets containing such drugs that the police retrieved from his mouth. He argues, first, that the search followed an unlawful pretextual arrest, and second, that the search of his mouth was otherwise unreasonable under the Fourth Amendment.

It is argued that defendant’s conviction should be reversed on the ground that the arrest pursuant to a warrant for a traffic violation was a pretext for the search. There is…