NY Kings Co.: “There is no Fourth Amendment principle that forbids a police officer from being pleased at having found an illegal weapon”

“Set against the obvious reality that a well-documented full and proper inventory was carried out here, I do not find the mere fact that after spotting the gun at the outset, Officer Duran exclaimed, ‘that was easy,’ and ‘Now it’s all better,’ demonstrates that the ‘primary purpose’ of the search was not to do an inventory, as defendant suggests. The Court of Appeals has acknowledged that the ‘fact that the officers knew that contraband might be recovered does not invalidate the entire search.’ … In any event, the footage of the officers’ reaction to the discovery of the gun is consistent with an unanticipated discovery, since they immediately — to this Court’s ear quite spontaneously — express surprise that there is a second gun, in the car. Duran’s exclamations are readily understood as relief or even glee at having accidentally redeemed himself after allowing an armed individual to get away from him earlier that night. There is no Fourth Amendment principle that forbids a police officer from being pleased at having found an illegal weapon, and I credit Officer Duran’s testimony to that effect, which I find to have been consistent and candid.” People v. Hill, 2022 NY Slip Op 30968(U), 2022 N.Y. Misc. LEXIS 1544 (Kings Co. Mar. 4, 2022).*

Defense counsel’s failure to pursue a motion to suppress on particularity in addition to probable cause, the only ground raised, was not ineffectiveness because it would not have been granted. Monica v. Myers, 319 Ore. App. 376, 2022 Ore. App. LEXIS 702 (Apr. 27, 2922).*