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SPIT IT OUT!

While a passenger in a stopped car, Karseen A. resisted officers' requests that he show his hands and exit the vehicle. And as he was being forcibly removed from the auto, Karseen was then directed to spit out whatever was lodged in his mouth. And when he failed to comply, Karseen was tasered--which caused him to spit out a bag of cocaine.

Later convicted of two counts of criminal possession of a controlled substance in the third degree, and criminal possession of a weapon in the fourth degree, Karseen appealed. And the Appellate Division, Third Department, thought a hearing was needed to determine whether the taser's use constituted "excessive force" and resulted in an "unreasonable search and seizure" which would have prevented the introduction of at least some of the drugs at the criminal trial.

(Because the car's owner had consented to the search, Karseen couldn't object to the retrieval of a handgun from the vehicle's trunk. And since he had been lawfully arrested, the drugs found in his pocket had also been appropriately allowed into evidence.)

How's that for a mouthful?

To view a copy of the Appellate Division's decision, please use the following link: People v. A.

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