In June of 2005, two New York City Police officers observed an erratically driven vehicle, ran the plates, and learned that its owner's license had been suspended.
After officers pulled the guy over, they arrested Gomez and uncovered controlled substances and drug paraphernalia in his vehicle.
After the New York County Supreme Court denied his request to stop the introduction of the items found during that search, Gomez pled guilty and was sentenced to 3 1/2 years in jail.
On appeal, the Appellate Division, First Department, reversed the conviction and dismissed the case.
On further review, our state's highest court concurred with that dismissal -- since prosecutors failed to show that the search was consistent with an established protocol or that a meaningful inventory list had been maintained.
But, regretably, the decision came a bit late for Mr. Gomez, as he had "completed his sentence and is at liberty."
Far from liberating ....
To view a copy of the Court of Appeals's decision, please use this link: People v. Gomez