In People v. Lewis , David Lewis was arrested outside of Madison Square Garden selling Billy Joel concert tickets to passersby.
Lewis' conduct violated New York's Arts and Cultural Affairs Law -- which prohibits re-sale of tickets to a concert within 1,500 feet of a venue seating over 5000 people.
After hearing Lewis exclaim, "I got tickets, Billy Joel tickets," within 200 feet of the Garden 's entrance, an officer arrested Lewis, searched his person and found counterfeit concert tickets and heroin.
The New York County Supreme Court convicted Lewis of criminal possession of a forged instrument. On appeal, Lewis argued that the cop was obligated to ask Lewis "to explain his behavior" before arresting him, and that the uncovered evidence should have been suppressed -- not considered -- by the court.
Unfortunately, the Appellate Division, First Department, wasn't having any of it and upheld Lewis' arrest and subsequent search.
Anyone buying that?
To download a copy of the Appellate Division's decision, please use this link: People v. Lewis