State v. Nucaro

On appeal following his convictions for conspiracy to manufacture a controlled substance, manufacturing a controlled substance, and failure to possess a tax stamp, Frank John Nuearo contends his trial counsel was ineffective for failing to challenge the search of the car in which Nuca-ro was a passenger and failing to challenge the search as the fruit of an illegal arrest. We find no violation of Nucaro’s Fourth Amendment right to privacy in a car in which he was a passenger. We further find that when he was handcuffed he was not “arrested” but detained to allow the officer to make a cursory…