People v. Lee
Appellate Division of the Supreme Court of the State of New York
1DissentGesmer, J.
The motion court should have granted defendant’s motion to suppress the physical evidence recovered during the warrant-less search of defendant’s car. The motion court’s conclusion that the police conducted a valid inventory search is inconsistent with both the police testimony that their motivation for the search was investigatory, and the documentary and testimonial evidence that the search did not comply with established *630procedure. In addition, the evidence failed to provide any reasonable alternative basis for the warrantless search of defendant’s car at the time of his arrest.
The…
2Cases cited12 opinions
- Katz v. United StatesSupreme Court of the United States · 1967
- United States v. RossSupreme Court of the United States · 1982
- Arizona v. GantSupreme Court of the United States · 2009
- California v. AcevedoSupreme Court of the United States · 1991
- People v. GalakNew York Court of Appeals · 1993
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