Two officers stopped Lyiesha Warner at a subway station after she and a friend entered a turnstile on a single MetroCard swipe. When it was later learned that Lyiesha had an outstanding warrant, she was handcuffed, and a loaded gun was retrieved from her purse.
In response to a claim that the officers had acted illegally, both the Queens County Supreme Court and the Appellate Division, Second Department, were of the view that a warrantless search could only be performed if officers had reason to believe Lyiesha would destroy evidence or if there were legitimate safety concerns. But since the lady had already been restrained, and none of those exceptions applied, the evidence seized by the cops couldn't be used at her criminal trial.
And that's no Lyie-sha.
To view a copy of the Appellate Division's decision, please use this link: People v. Warner