People v. Marsh, 41 N.Y.2d 759 (1977)
A full-blown search is not justified incident to a traffic-related arrest where an alternative summons is available, or the arrest is a pretext for a search.
Summary
The New York Court of Appeals reversed the Appellate Division’s order, granted a motion to suppress evidence, and vacated the defendant’s plea. The court held that the search of the defendant, following an observation of erratic driving, was not justified. The police approached the defendant with guns drawn and frisked him based on a suspicion he might be armed, but without any specific articulable facts to support that suspicion. The defendant was never informed he was under arrest for reckless driving, nor was he charged with that offense. The court concluded that the police conduct was an unreasonable intrusion.
Facts
Police officers observed the defendant driving erratically. Based on this observation, they approached the defendant with their guns drawn and proceeded to frisk him. The officer testified that he conducted the search because he believed the defendant might be armed. The record lacks any testimony or findings indicating specific circumstances that led the officer to this conclusion.
Procedural History
The trial court denied the defendant’s motion to suppress the evidence obtained during the search. The Appellate Division affirmed the trial court’s decision. The New York Court of Appeals reversed the Appellate Division’s order, granted the motion to suppress, and vacated the defendant’s plea.
Issue(s)
Whether a full search is justified incident to a traffic violation arrest when an alternative summons is available, or the arrest is merely a pretext for conducting a search.
Holding
No, because based on the facts of this case, the police conduct falls within the rule that limits searches incident to traffic arrests when other options are available or when the arrest is a pretext for a search.
Court’s Reasoning
The court reasoned that the trial court erred in assuming that an arrest was inevitable simply because reckless driving is classified as a misdemeanor rather than a traffic violation. The court emphasized that in this specific situation, an arrest was neither necessary nor the preferred procedure, citing Denzer, Practice Commentary, McKinney’s Cons Laws of NY, Book 11 A, CPL 150.20. The court highlighted the lack of specific circumstances justifying the belief that the defendant was armed. The court referenced its prior decision in People v. Troiano, 35 NY2d 476, 478, noting that an area exists within traffic violation arrests where a full search is not justified. Specifically, this area is confined to situations where an arrest was unnecessary because a summons was available, or the arrest was a suspect pretext. In this instance, the defendant was never informed of the reckless driving charge. The court found the police conduct unreasonable, falling within the limited rule established in Troiano.