WHY OPEN CONTAINERS AREN'T A GOOD IDEA

In People v. Martin, when Jeffrey Martin was pulled over by Officer Pickering, Martin handed the cop another person's driver's license and car rental agreement.

Martin's eyes were red and glassy, the vehicle reeked of alcohol, he admitted to having imbibed spirits earlier in the day, and a passenger informed another Officer -- Cook -- that a cup in the middle console contained Hennessy cognac.

While Cook handcuffed Martin and placed him in his patrol car, Pickering found a gun as he searched the vehicle for other open containers.

To compound matters just a bit, as Martin was taken into custody, marijuana and 20 bags of crack cocaine were found on his person.

After the Chemung County Court accepted Martin's plea, convicted him of "criminal possession of a controlled substance in the third degree" and "criminal possession of weapon in the fourth degree," and sentenced him to two years in prison with an additional two years of post-release supervision, Martin appealed to the Appellate Division, Third Department, challenging the search's propriety.

The AD3 reiterated the established rule that "when the occupant of an automobile is arrested, the very circumstances that supply probable cause for the arrest may also give the police probable cause to believe the vehicle contains contraband, evidence of the crime, a weapon or some means of escape." Since the officers' actions were within the bounds of the law, the guns and drugs they uncovered were properly seized and the conviction was upheld.

Anyone got the real dope on this case? 

To download a copy of the Appellate Division's decision, please use this link: People v. Martin