{"id":10188,"date":"2014-01-11T10:12:48","date_gmt":"2014-01-11T00:00:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2014-01-10T18:45:04","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10188","title":{"rendered":"NY2: Car can&#8217;t be searched on mere RS"},"content":{"rendered":"<p>The officer had reasonable suspicion to stop defendants&#8217; vehicle, and he patted them down finding nothing. The search of the bag in the backseat was unlawful because it was without probable cause.  <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2014\/2014_00112.htm\">People v. Baksh<\/a>, 2014 NY Slip Op 112, 2014 N.Y. App. Div. LEXIS 112 (2d Dept. January 8, 2014):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>Monzert&#8217;s search of the vehicle does not fit within the exception to the general rule that probable cause is required to search a vehicle once, as here, the suspects have been removed and patted down without incident. The exception, which is geared toward preventing harm to police officers, allows for a limited search for weapons (see People v Cameron, 6 AD3d at 546; People v March, 257 AD2d at 633). It requires a substantial likelihood of a weapon in the car, and a resulting danger to the officer&#8217;s safety that is &#8220;actual and specific&#8221; (People v Carvey, 89 NY2d at 711). <\/p>\n<p>Monzert specifically testified that she entered the defendant&#8217;s vehicle to search the bags in the back seat, to see if any of the bags was the proceeds of the robbery. Monzert never testified that she thought it was substantially likely that there was a weapon in the vehicle or that she perceived some actual and specific threat to her or the other officers&#8217; safety, despite the removal of the defendant from the car (cf. People v Cheek, 18 AD3d 475, 794 N.Y.S.2d 129; People v Cameron, 6 AD3d at 546; People v March, 257 AD2d at 632-633). Accordingly, contrary to the People&#8217;s contention, probable cause was required to justify Monzert&#8217;s search of the vehicle.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=10188\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-10188","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10188","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10188"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10188\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10188"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10188"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10188"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}