Ny Supreme Court Rules Destructive Vehicle Search Exceeded Scope of Consent

Summary


A destructive search of a vehicle violated the driver's Fourth Amendment rights even though he gave police a general consent to search, New York's highest court has ruled.

The defendant was pulled over by police for having excessively tinted windows. One of the officers, suspicious of a fresh undercoating around the vehicle's gas tank, asked for permission to search the car. The driver agreed. The officer tore back the carpet in the backseat, twisted open the sheet metal below it, and used a crowbar to pry open part of the gas tank. He found approximately 1 1/ 2 pounds of cocaine.

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Extract


Ny Supreme Court Rules Destructive Vehicle Search Exceeded Scope of Consent

The defendant moved to suppress the drugs, arguing t...

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