People v. Doe

*687The defendant was observed by police selling cocaine to an informant on three occasions. The police obtained a search warrant, which later was determined to be jurisdictionally defective, and, on September 4, 1987, apprehended the defendant during his fourth appointment with the informant in a parking lot. As the police approached the defendant’s car, they saw him kick a clear plastic bag under his seat. Upon being removed from the car, the defendant was read his Miranda rights and was arrested, along with his companion. A search of the defendant’s vehicle revealed the presence of marihuana…