People v. Rodolitz

This is a motion to suppress evidence discovered upon an unauthorized search following an arrest which the defendant urges was unlawful. At the hearing the People relied to some extent on “ police reports,” the reliability of which was not attacked. There is thus presented another nuance in the application of the rule last set forth in People v. Malinsky (15 N Y 2d 86, 91). There it was stated: “ A search, not authorized by consent or a search warrant, is deemed reasonable only if conducted as ‘ incident to a lawful arrest ’ (People v. Loria, 10 N Y 2d 368, 373; see, also, Beck v. Ohio, 379…