After he was found guilty of "criminal possession of a controlled substance in the first degree," and sentenced to a 13-year term, Daniel McNair appealed to the Appellate Division, First Department, because he believed cops lacked a "reasonable suspicion" to stop his car and search his cell phone.
Despite his failure to preserve his claims for review, the AD1 examined the record and rejected McNair's arguments.
Because the police had undertaken a lengthy investigation--which included surveillance and eavesdropping--the appellate court thought there had been a sufficient basis to stop the guy. And since a search warrant had issued, it was also of the view the information on his cell phone had been legally retrieved.
How suppressing.
To view a copy of the Appellate Division's decision, please use this link: People v. McNair