People v. Thomas
Opinion of the Court
Appeal by the People from so much of an order of the Supreme Court, Suffolk County (Hinrichs, J.), dated March 10, 2011, as, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress a weapon.
Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant’s omnibus motion which was to suppress a weapon is denied, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings on the indictment.
After a traffic stop, the defendant was arrested when he exclaimed that he was in possession of drugs and then handed the drugs to the arresting police officers. At the time of the ar
The automobile exception, which permits the warrantless search of vehicles, “is equally applicable whether the search is conducted at the time and place where the automobile was stopped or whether, instead, the vehicle is impounded and searched after removal to the police station .... [WJhere the search was reasonably close in time and place to the point of arrest . . . there was no requirement that the police further delay the search to obtain a warrant” (People v Blasich, 73 NY2d 673, 681 [1989] [citations omitted]; see People v Paragas, 58 AD3d 874 [2009]). Here, since the circumstances did not dissipate the justification for a warrantless search conducted upon probable cause pursuant to the automobile exception, the Supreme Court erred in suppressing the weapon found in the vehicle (see People v Henderson, 57 AD3d 562 [2008]; People v Williams, 173 AD2d 663 [1991]; cf. People v Martin, 141 AD2d 854 [1988]). Skelos, J.P., Belen, Lott and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.