In People v. Quagliata , Officer John Patterson responded to a 911 call which reported of passengers in a red car with a firearm. When he encountered two females in a vehicle that matched that description, he asked what the ladies were doing and directed Jennifer Quagliata to exit the auto. The officer then asked if he could search the car, and Quagliata acquiesced in a "pretty calm" and "matter of fact conversational tone."
In the trunk, Officer Patterson found a bag which contained "a quantity of drugs, a scale, and a grinder" and a firearm was found in the glove compartment. While she denied the bag was hers, Quagliata was arrested, waived her Miranda rights, and later offered statements to the police.
At trial, Quagliata asked the Nassau County Court to suppress the statements made "as the fruits of an illegal search and seizure." After finding she didn't consent to the search, the County Court refused to allow the statements into evidence.
On appeal, the Appellate Division, Second Department, saw the evidence's exclusion as error and sent the case back for a do-over since consent to the search had been voluntarily given and wasn't the result of coercion. (She not only consented, but opened the trunk so the search could be accomplished. Conduct which operated to her detriment.)
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To download a copy of the Appellate Division's decision, please use this link: People v. Quagliata