24 N.Y.3d 615 (2014)
A search cannot be justified as incident to arrest if the arrest would not have occurred without the search, even if probable cause for an arrest existed prior to the search.
Summary
The New York Court of Appeals held that a search of a driver was not a valid search incident to arrest because the arresting officer testified that he would not have arrested the driver for driving while intoxicated (DWI), despite having probable cause, if the search had not revealed a switchblade knife. The court reasoned that the search must be incident to an actual arrest, not merely to probable cause for an arrest that never would have happened otherwise. The discovery of the knife was the sole reason for the arrest. Therefore, the evidence was suppressed.
Facts
Officer Merino observed defendant Graham Reid driving erratically, crossing double lines and failing to signal. Upon stopping the vehicle, Merino noted Reid’s watery eyes, disheveled clothing, an odor of alcohol, and plastic cups in the console. Reid gave an inconsistent answer about when he consumed alcohol. These observations provided probable cause for a DWI arrest. Merino asked Reid to step out of the car and conducted a pat-down, discovering a switchblade knife. Reid was then arrested for possession of the weapon.
Procedural History
The trial court denied Reid’s motion to suppress the knife, arguing the search was incident to arrest. Reid pleaded guilty to criminal possession of a weapon. The Appellate Division affirmed, holding that the officer’s subjective intent was irrelevant as long as probable cause to arrest for DWI existed. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether a search can be justified as incident to arrest when the officer testifies that he would not have made an arrest but for the discovery of evidence during the search, despite having probable cause to arrest prior to the search.
Holding
No, because the search must be incident to an actual arrest, not merely to probable cause that could have led to an arrest but did not.
Court’s Reasoning
The Court of Appeals reversed, distinguishing the case from precedents where the officer’s subjective motive was deemed irrelevant if the arrest was objectively justified by probable cause. The court emphasized that the “search incident to arrest” doctrine requires that an arrest has already occurred or is about to occur. Here, the officer explicitly stated he would not have arrested Reid for DWI had he not found the knife. Citing Knowles v. Iowa, the court stated that the justification for the “incident to arrest” exception—officer safety and preservation of evidence—does not apply where no arrest would have been made absent the search. The court stated, “A search must be incident to an actual arrest, not just to probable cause that might have led to an arrest, but did not”. The court found that extending the logic of cases like Whren v. United States and Devenpeck v. Alford was inappropriate because those cases address the validity of a stop or arrest based on objective justification, regardless of subjective motive. The dissent argued that the majority’s decision was an improper departure from established precedent regarding the irrelevance of an officer’s subjective intent when probable cause for an arrest exists. The dissent contended that the majority misapplied Knowles, which involved a citation rather than an arrest, and created an unworkable exception to the search incident to arrest doctrine.