While under arrest for driving under the influence of alcohol, Kenneth Padilla's vehicle was searched, and when officers disassembled the speaker system, a leather bag containing a gun and ammo was found.
Convicted of criminal possession in the second degree, Padilla argued that the officers' search was illegal, but neither the Appellate Division, First Department, nor our state's highest court agreed.
Because it was police protocol to remove "owner-installed equipment" for inventory purposes, and the officers weren't engaged in a "ruse" to uncover "incriminating evidence," our appellate courts let the conviction stand.
That sure speaks volumes.
To view a copy of the Court of Appeals' decision, please use this link: People v. Padilla