People v. Saunders

Judgment unanimously reversed on the law and indictment dismissed. Memorandum: Defendant’s motion to suppress the physical evidence seized from the vehicle and from the luggage located on the rear seat should have been granted because the New York State Trooper lacked probable cause to conduct the warrantless search of the vehicle and its contents (see, People v Guzman, 153 AD2d 320). There is no merit to the People’s contention that the search was authorized because the passenger who had custody of the vehicle voluntarily consented to the search. The Trooper asked the passenger whether there…