{"id":3425,"date":"2009-12-29T08:20:51","date_gmt":"2009-10-06T07:25:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-10-06T07:25:35","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3425","title":{"rendered":"NY4: State failed in burden to justify a patdown; officer not called"},"content":{"rendered":"<p>State failed to prove that defendant&#8217;s patdown was justified because of lack of fear for a weapon, but it was harmless here. The officer who conducted the patdown was not even called as a witness. <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2009\/2009_07047.htm\">People v Lazcano<\/a>, 66 A.D.3d 1474, 885 N.Y.S.2d 838 (4th Dept. 2009)*:<\/p>\n<blockquote><p>Here, the People failed to meet that burden.  They established that the police were justified in stopping defendant and conducting the pat-down search &#8230;, but they failed to establish that the officer who conducted the pat-down search was justified in reaching into defendant&#8217;s pocket and seizing the knife. That officer did not testify at the suppression hearing, and the testimony of the officer who witnessed the pat-down search was insufficient to establish that the search of defendant&#8217;s pocket was legal &#8230;. We nevertheless conclude that there is no reasonable possibility that the court&#8217;s error in refusing to suppress the knife might have contributed to the conviction, and thus the error is harmless beyond a reasonable doubt &#8230;.\n<\/p><\/blockquote>\n<p>Marijuana smoke coming from defendant\u2019s car window during a valid stop was probable cause under the automobile exception. State v. Cowling, 2009  Ala. Crim. App. LEXIS 120 (October 2, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3425\">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-3425","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3425","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=3425"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3425\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3425"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3425"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3425"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}