Convicted of criminal possession of a controlled substance in the first degree, and sentenced to 12 years in prison, Bernardo H. argued that the evidence had been illegally retrieved from his vehicle.
But because he had been stopped for a traffic violation, had a bag of marijuana in plain view, and a strong cannabis odor was detected, the Appellate Division, First Department, thought that officers had a legal basis to arrest the guy.
As a result, the search of his van, including contained or enclosed areas such as the rear-hatch panels, was found to be lawful. And without the suppression of the drugs found, even Bernardo conceded that his conviction would have to be affirmed.
Put that in your pipe ….
To view a copy of the Appellate Division's decision, please use this link: People v. H.