{"id":17165,"date":"2015-05-09T09:01:18","date_gmt":"2015-05-09T14:01:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17165"},"modified":"2015-05-09T09:01:18","modified_gmt":"2015-05-09T14:01:18","slug":"ny4-def-consented-to-search-of-his-person-by-entering-a-courthouse","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=17165","title":{"rendered":"NY4: Def consented to search of his person by entering a courthouse"},"content":{"rendered":"<p>Defendant entered the Hall of Justice in Rochester, and he set off the metal detector. Three hand wandings showed metal in his crotch. He was handcuffed and taken to a more secure area. A search of his person revealed gold foil wrapped drugs. He consented to the search by entering the courthouse with signs warning of a search. <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2015\/2015_03963.htm\">People v. White<\/a>, 2015 NY Slip Op 03963, 2015 N.Y. App. Div. LEXIS 3915 (4th Dept. May 8, 2015) (Treatise \u00a7 48.02 n.5):<br \/>\n<!--more--><\/p>\n<blockquote><p>Here, defendant was warned before walking through the magnetometers that he could be subject not just to a pat frisk, but to a search. Given a reasonable person&#8217;s knowledge of the increased security measures in government buildings in the past decade and the notifications posted for entrants into the Hall of Justice, we conclude that a reasonable person would have understood that the impending search could involve more than a pat frisk if the initial magnetometer scans indicated the presence of metal on his or her person (see Hurt, 93 AD3d at 617-618; see generally Gomez, 5 NY3d at 419). We therefore further conclude that the deputies&#8217; search of defendant&#8217;s person did not exceed the scope of defendant&#8217;s implied consent.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Defendant entered the Hall of Justice in Rochester, and he set off the metal detector. Three hand wandings showed metal in his crotch. He was handcuffed and taken to a more secure area. A search of his person revealed gold &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=17165\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24],"tags":[],"class_list":["post-17165","post","type-post","status-publish","format-standard","hentry","category-consent"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17165","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=17165"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17165\/revisions"}],"predecessor-version":[{"id":17166,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17165\/revisions\/17166"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17165"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17165"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17165"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}