People v. Hernandez

I disagree with the majority that the motion court erred in failing to suppress the revolver recovered from the defendant’s car since "the police conduct amounted to a search and seizure without probable cause” and did not fall within the "plain view” doctrine. Initially, the majority seems to conclude that the police did not have probable cause to even stop the car. However, on appeal, the defendant does not contest the propriety of the car stop which led to the discovery of the weapon and even concedes that defendant and his companion were properly frisked during the stop. Defendant…