In People v. May , two officers suspected drug activity and stopped Rashan May's vehicle.
Although a license and registration check came up "clean," the officers called for a sector car with a computer to verify May's documentation. And, after he was detained for some 40 minutes, officers learned May had an outstanding warrant on a DWI charge, was asked to exit his car, a search was performed, and, vials of marijuana were found. May and his friend were arrested and transported to a precinct where cocaine was found on May's person.
Since the marijuana vials weren't in plain view, the New York County Supreme Court was of the view May's detention and the subsequent searches were illegal and the drugs couldn't be introduced at trial.
On appeal, the Appellate Division, First Department, agreed the search was unlawful because it hadn't been based on a reasonable suspicion criminal activity was "occurring or imminent," but on a "professional hunch." Even the subsequent uncovering of a bench warrant didn't justify the officers' unconstitutional conduct. ("Such a use of hindsight to justify police actions has already been roundly criticized and rejected.")
The AD1 was clearly saying to these officers: "No, you May not."
To download a copy of the Appellate Division's decision, please use this link: People v. May