People v. Troiano

Chief Judge Breitel.

The principal issue on this appeal is whether, and to what extent, a search of the person is authorized as incident to a custodial detention for a misdemeanor traffic violation.

Defendant Troiano was arrested on the evening of January 8, 1969 pursuant to a warrant issued six days earlier authorizing his arrest upon the misdemeanor charge of driving while license suspended or revoked (Vehicle and Traffic Law, § 511). The arresting officer exhibited the warrant, and told defendant he was under arrest. He then asked Troiano to place his hands on the police car and began “ a…