People v. Rincon

OPINION OF THE COURT

Sullivan, J. P.

This appeal presents the issue of whether a visitor to a courthouse impliedly consents to the search of a paper bag inside his waist pouch after he triggers the alarm of a metal detector and thereafter places the pouch on a table for the officer’s inspection.

On August 17, 1989, Court Officers Rahor and Parascandolo were assigned to the security checkpoint in the lobby of the Criminal Courts Building at 100 Centre Street in Manhattan. Pursuant to the regulations of the Unified Court System, the lobby was equipped with a metal detector designed to intercept…