People v. Smith

A hearing has been held on this motion to suppress (Code Crim. Pro., § 813-c).

The search was made without a search warrant. And, although probable cause to arrest existed, the search was not incidental to and contemporaneous with an arrest. (People v. O’Neill, 11 N Y 2d 148.) In fact the defendant was not arrested until many days later. Such a search without a search warrant and not incidental to an arrest is a general search and therefore unreasonable. (Weaver v. United States, 295 F. 2d 360.)

The sole issue raised is with respect to the “ standing ” of the defendant to move to suppress.

It…