People v. Copeland

Memorandum. Order reversed on the law and motion to suppress denied.

Defendant was arrested for being an unlicensed operator (Vehicle and Traffic Law, § 509). A search of his person revealed a hypodermic instrument as well as heroin. He moved to suppress the evidence and the motion was granted (see 77 Misc 2d 649), resulting in this appeal by the People.

In People v Marsh (20 NY2d 98), where defendant was arrested on a traffic infraction pursuant to a warrant, the Court of Appeals held that a search may not be conducted as incident to a lawful traffic arrest. This rule was reiterated in People…