Pardalis & Nohavicka Criminal Law Update: Search Incident To Arrest

Court of Appeals holds that “search incident to arrest” doctrine, by its nature, requires proof that, at the time of the search, an arrest has already occurred or is about to occur. Where no arrest has yet taken place, the officer must have intended to make one if the “search incident” exception is to be applied. In this case, the police officer testified at the suppression hearing that he did not intend to arrest defendant until he discovered the switchblade in defendant’s pocket. Switchblade suppressed.
People v Reid 2014 NY Slip Op 08759 Decided on December 16, 2014

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