People v. Mezon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*635Inasmuch as the record shows that the police used an alleged traffic infraction as a pretext to investigate a suspicion that the defendant had committed a burglary, the stop of his automobile constituted an impermissible seizure (see, People v Ingle, 36 NY2d 413; People v Llopis, 125 AD2d 416; People v Seruya, 113 AD2d 777, 779, lv denied 66 NY2d 767). Consequently, the search of his car at the arrest scene may not be justified as a search incident to a lawful arrest; nor can the subsequent search of his car after its impoundment by the police be upheld as a proper inventory search (see,…
2Cases cited13 opinions
- People v. HarrisNew York Court of Appeals · 1983
- Colorado v. BertineSupreme Court of the United States · 1987
- People v. IngleNew York Court of Appeals · 1975
- People v. GonzalezNew York Court of Appeals · 1976
- People v. RileyNew York Court of Appeals · 1987
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3Cited by8 opinions
- People v. MikelAppellate Division of the Supreme Court of the State of New York · 1989
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 1995
- People v. ArtisAppellate Division of the Supreme Court of the State of New York · 1994
- People v. VasquezAppellate Division of the Supreme Court of the State of New York · 1991
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1990
3 more not listed; retrieve them via the Exa API.