Defendant was stopped for a violation of a noise ordinance, and he provided all his paperwork. While the officers were running the paperwork, they obversed the defendant reach into the console. This was a furtive movement, and they were justified in looking there for a weapon, but no further. Officers unlawfully expanded their search beyond the reasonable suspicion to look for a weapon. People v Jones, 2007 NY Slip Op 3391, 39 A.D.3d 1169 (4th Dept. 2007).<\/p>\n
Defendant failed to show standing in the place searched. In any event, the police had exigent circumstances. People v Washington, 2007 NY Slip Op 3460, 39 A.D.3d 1228 834 N.Y.S.2d 407 (4th Dept. 2007).*<\/p>\n
Washington also sustains DNA testing of all felons under state constitution and Fourth Amendment. State v. Surge, 160 Wn.2d 65, 156 P.3d 208 (2007).* (No appellate court, save one that was reversed en banc, has held that DNA testing is unconstitutional.)<\/p>\n","protected":false},"excerpt":{"rendered":"
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