After his arrest, Adebola Bamisile was subjected to a pat down. When the officer felt a hard object on Bamisile's backside, Bamisile was instructed to remove the item -- which ended up being a bag of cocaine -- from inside his pants.
At trial, Bamisile sought to suppress the introduction of the drugs, on the grounds the officer's examination was unlawful.
When the New York County Supreme Court denied that request, Bamisile appealed to the Appellate Division, First Department.
The AD1 thought there was a difference between finding drugs hidden in an arrestee's rectum or between his/her butt cheeks and "junk" comfortably lodged in the "vicinity" of the buttocks.
Because the evidence established that the drugs had been placed in the "vicinity" of Bamisile's tush, the appellate court saw that placement as "comparable to an object in a back pocket" and affirmed the lower court's decision.
That's the end of that.
To view a copy of the Appellate Division's decision, please use this link: People v. Bamisile