After observing an erratically driven vehicle, State Trooper Jason Lewis triggered his emergency lights and directed the car to pull over. As he approached, Lewis noticed the driver, Dorian Hackett, leaning toward the passenger seat. When asked to explain those movements, Hackett indicated that he was merely reaching for his cell phone, which he displayed to the officer.
Dissatisfied with that explanation, Lewis ordered the driver to exit the vehicle and handcuffed him for "safety reasons." The officer then placed Hackett into the police cruiser and ran a warrant check.
Even though there were no outstanding warrants, Lewis returned to Hackett's vehicle, opened the passenger side door and undertook a search which eventually led to the discovery of a loaded handgun and some cocaine.
Hackett asked the County Court of Chemung County to suppress or prevent the introduction of the handgun, the ammunition, and the cocaine into evidence, but the Judge denied the request and convicted Hackett of criminal possession of a weapon in the third degree.
On appeal, Hackett claimed that the officer had no legal basis -- or "probable cause" -- to do the search and the Appellate Division, Third Department, agreed.
According to the AD3, Hackett's conduct didn't justify the officer's conduct, particularly since the officer hadn't been presented with any actual or specific danger (nor had any other justification to conduct the search).
Since the motion to suppress should have been granted, the AD3 ordered Hackett's conviction reversed.
Clearly, this is an example of a search which just didn't hack it.
To download a copy of the Appellate Division's decision, please use this link: People v. Hackett