NY4: Search incident of def’s jacket at stationhouse long after arrest was unreasonable

Thirty-eight months after defendant was convicted, most of the counts are reversed and dismissed because of an unreasonable search incident of his jacket. Defendant was arrested wearing the jacket and he pulled his hands out of the pockets and a pill bottle came out, too. That’s not suppressed. He was later unhandcuffed and his jacket removed. It was searched at the stationhouse, and the quantity of the drugs there supported his intent to deliver counts. They are reversed and dismissed because of the search incident being at the wrong time and place. People v. Wilcox, 2015 NY Slip Op 09457, 2015 N.Y. App. Div. LEXIS 9475 (4th Dept. Dec. 23, 2015).