People v. Marsh, 20 N.Y.2d 98 (1967)
A police officer is not authorized to conduct a search incident to an arrest for a traffic violation unless the officer has reason to fear an assault or probable cause to believe that the individual has committed a crime.
Summary
The New York Court of Appeals held that a search incident to an arrest for a traffic violation is unlawful unless the officer has a reasonable fear of assault or probable cause to believe that the individual committed a crime beyond the traffic infraction. The defendant was arrested on an outstanding warrant for a traffic violation (speeding). A search incident to that arrest revealed a policy slip, leading to a conviction for possession. The court reversed the conviction, reasoning that treating traffic violations as non-criminal offenses while simultaneously allowing searches incident to arrest would be incongruous and violate constitutional protections against unreasonable search and seizure.
Facts
The defendant was arrested pursuant to a warrant issued for a traffic violation (speeding) committed two years prior. Incident to the arrest, the police officer searched the defendant and found a sheet of paper in a matchbook cover that implicated him in playing policy (an illegal lottery). The defendant was charged and convicted for possession of a policy slip.
Procedural History
The defendant was convicted in the trial court. Prior to trial, the defendant moved to suppress the evidence found during the search, arguing it was an unlawful search and seizure. The motion was denied, and that denial was renewed and again denied at trial. The defendant appealed the conviction, challenging the denial of his motion to suppress.
Issue(s)
Whether a police officer is authorized to conduct a search incident to an arrest when the defendant is taken into custody for a traffic violation based on an arrest warrant issued after the defendant failed to appear in court following the initial summons.
Holding
No, because the legislative policy treats traffic infractions differently from criminal offenses, and the constitutional prohibition against unreasonable searches and seizures does not permit a search incident to arrest for a traffic violation unless the officer reasonably fears an assault or has probable cause to believe that the person committed a crime.
Court’s Reasoning
The court reasoned that the Vehicle and Traffic Law explicitly states that a traffic infraction is not a crime, and the punishment should not be considered a penal or criminal punishment. This policy reflects a legislative intent to treat traffic offenses differently from criminal offenses. While an officer has the authority to arrest for a traffic violation, they also have the option to issue a summons. The court stated, “The authority of the police to search a traveler on the highway may not be made to turn on whether the officer, in the exercise of his discretion, forthwith arrests the traffic offender instead of merely summoning him to court.”
The general rule allows a search incident to a lawful arrest for weapons or for fruits/implements used to commit the crime. However, the court found this rule inapplicable to traffic violations. It noted that traffic infractions rarely involve “fruits” or “implements,” and it would be incongruous to treat traffic offenders as non-criminals while simultaneously subjecting them to a search for weapons.
The court emphasized that a search for weapons is a special exception that should not be extended beyond securing the officer’s safety and preventing escape. It stated that a speeding motorist does not inherently indicate a propensity for violence. The court found no legislative intent to authorize a search of a traffic offender unless the officer has reasonable grounds to suspect danger or probable cause to believe the offender committed a crime. The court stated that, “no search for a weapon is authorized as incident to an arrest for a traffic infraction, regardless of whether the arrest is made on the scene or pursuant to a warrant, unless the officer has reason to fear an assault or probable cause for believing that his prisoner has committed a crime.”
The court also relied on the constitutional prohibition against unreasonable searches and seizures, stating that a uniform rule permitting searches for all valid arrests, including minor traffic violations, would preclude consideration of the reasonableness of a search. The court cited People v. Watkins, 19 Ill. 2d 11, 18, which observed that such a uniform rule “would take away the protection that the constitution is designed to provide.”
Therefore, the court concluded that the search was unlawful, the evidence should have been suppressed, and the information dismissed.