WAS THIS SEARCH ILLEGAL?
After observing an erratically driven vehicle, State Trooper Jason Lewis triggered his emergency lights and directed the car to pull over. As he approached, Lewis noticed the driver, Dorian Hackett, leaning toward the passenger seat. When asked to explain those movements, Hackett indicated that he was merely reaching for his cell phone, which he displayed to the officer.
Dissatisfied with that explanation, Lewis ordered the driver to exit the vehicle and handcuffed him for “safety reasons.” The officer then placed Hackett into the police cruiser and ran a warrant check.
Even though there were no outstanding warrants, Lewis returned to Hackett’s vehicle, opened the passenger side door and undertook a search which eventually led to the discovery of a loaded handgun and some cocaine.
Hackett asked the County Court of Chemung County to suppress or prevent the introduction of the handgun, the ammunition, and the cocaine into evidence, but the Judge denied the request and convicted Hackett of criminal possession of a weapon in the third degree.
On appeal, Hackett claimed that the officer had no legal basis -- or “probable cause” -- to do the search and the Appellate Division, Third Department, agreed.
According to the AD3, Hackett’s conduct didn’t justify the officer’s conduct, particularly since the officer hadn't been presented with any actual or specific danger (nor had any other justification to conduct the search).
Since the motion to suppress should have been granted, the AD3 ordered Hackett’s conviction reversed.
Clearly, this is an example of a search which just didn’t hack it.
To download a copy of the Appellate Division’s decision, please use this link: People v. Hackett
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Comments
Kudos to the 3rd Department, which realized that Dorian Hackett was pulled over in Chemung County for the offense of driving while black. Look him up here:
http://nysdocslookup.docs.state.ny.us/GCA00P00/WIQ3/WINQ130
Posted by: Gines Pasamonte | March 19, 2008 5:18 PM
If this article put forth every bit of testimony on the Trooper's behalf, it would be noted that a fellow Trooper from the same barracks was murdered (with a stolen gun) on a traffic stop just a few months prior to this stop and that Hackett is a know local drug dealer. Located in the car was a loaded .25 handgun that had the serial number filed off and approximately 3 ouces of powder cocaine and 5 ounces of 'crack cocaine' was found secreted in the dashboard. Officer safety wins out over a criminal conviction every day.
Posted by: Guess Again | June 11, 2008 10:21 PM
But none of that would have been visible and given probable cause to pull Hackett over. Since Hackett is a "known local drug dealer," it sounds like he got pulled over just to be hassled.
BTW, the guy who killed the trooper, Bucky Philips, is white and killed the trooper six months after Hackett's arrest.
Posted by: Gines Pasamonte | June 12, 2008 9:14 AM
The car was pulled over for a violation of the V&T... crossing the fog line and driving approximately 15 mph under the speed limit (DWI?). When approached... the driver would not produce any ID, hence he was removed from the vehicle. What felt like an ID was discovered in his rear pocket during the pat down and Hackett was remembered to be arrested by another Trooper from the same barracks 6 months earlier for drug charges. The ID ONLY proved Hackett had no driving privlidges in NY. As there is no security screen in the troop car and a shotgun readily accessable, Hackett was advised that he was being handcuffed for officer safety reasons.
BTW... Trooper Andy Sperr was murdered on 1 March 2006 in Big Flats.... about 2 miles from where Hackett was stopped.
Ralph Phillips shot Sean Brown on 10 June 2006 less that 10 miles from where Hacket was stopped. Phillips then shot Troopers Joseph Longobardo and Donald Baker on 31 August 2006. Trooper Longobardo died from his wounds 3 September 2006.
In the end Trooper Lewis went home that night and the drug dealer got off because a punk judge who doesn't put his life on the line every night said the Trooper did things in the wrong order. Hackett will slip up again, hopefully before he uses a stolen, defaced gun to kill a police officer.
Posted by: Guess Who | June 20, 2008 1:12 AM