First, let's set the record straight: We would never advocate the sale or use of illegal drugs.
Nor would we suggest that anyone abuse legally prescribed medications.
But, if you've gotta do your thing, it's never a good idea to drive an automobile with your drug paraphernalia in plain sight. Cause if you do, you're just askin' to get nicked.
And that's what happened to Lashawn Jackson in the case of People v. Jackson .
During a vehicular stop, a police officer's observation of "a large quantity of small plastic bags" in Jackson's automobile triggered a reasonable suspicion that the vehicle contained narcotics. During the course of a search, the officer uncovered a handgun which led to Jackson's conviction of criminal possession of a weapon in the second degree and a 7-year jail term.
Jackson's attorneys argued that the arrest was the result of an illegal search and seizure and that any evidence secured during that stop could not be introduced at Jackson's criminal trial. When the New York County Supreme Court denied the request, Jackson appealed to the Appellate Division, First Department.
Did the police action withstand appellate scrutiny?
You better believe it!
According to the AD1, whatever's in plain sight is fair game.
For a copy of the Appellate Division's decision, please use this link: People v. Jackson