People v. Munoz

Neither suspicious, nor equivocal behavior alone, justifies a search (People v. Brown, 24 N Y 2d 421; People v. Corrado, 22 N Y 2d 308), and the fact that defendant was actually in possession of narcotics does not change the illegal search into a legal one, because a search is bad or good when it starts and it is not made good by what is found. It clearly appears in this record that the defendant was not under arrest when the plastic bag was produced from the defendant’s waistband and, therefore, the search cannot be defended as an incident to a lawful arrest. The cases cited in the dissent…