People v. Robinson, 36 N.Y.2d 224 (1975)

Police may conduct an inventory search of an illegally parked vehicle after it has been towed, provided the search is not a pretext for discovering weapons or contraband.

Summary

The New York Court of Appeals upheld the defendant’s conviction for criminal possession of a weapon, finding that a loaded revolver discovered during an inventory search of his illegally parked car was admissible as evidence. The court reasoned that the police have the right to conduct an inventory search of a vehicle that has been towed after being illegally parked, as long as the search is not a pretext for discovering evidence of a crime. The court also addressed a prosecutorial error during cross-examination but deemed it non-prejudicial in this non-jury trial.

Facts

The defendant’s automobile was illegally parked in a bus stop zone. The vehicle was towed to a police pound. During a search of the vehicle, ostensibly to safeguard its contents (an inventory search), a loaded revolver was found in the glove compartment. The revolver was removed, and the defendant was subsequently charged with criminal possession of a weapon.

Procedural History

The defendant was convicted of criminal possession of a weapon as a felony in a non-jury trial. The defendant appealed, arguing that the revolver was seized in violation of his constitutional rights, and that prosecutorial misconduct prejudiced the trial. The Appellate Division affirmed the conviction. The defendant then appealed to the New York Court of Appeals.

Issue(s)

1. Whether the search of the defendant’s vehicle and seizure of the revolver violated the defendant’s constitutional rights.
2. Whether the prosecutor’s cross-examination of the defendant regarding prior out-of-state convictions, for which the prosecutor lacked certificates of conviction, constituted prejudicial error.

Holding

1. No, because the police may lawfully conduct an inventory search of an illegally parked motor vehicle after it has been towed away, provided the search is not a pretext to discover weapons or contraband.
2. No, because on the whole record, the impropriety was not prejudicial in this instance, especially since this was a non-jury case.

Court’s Reasoning

The Court of Appeals relied on its prior holding in People v. Sullivan, 29 N.Y.2d 69, which established the permissibility of inventory searches of illegally parked vehicles after they have been towed. The court emphasized that “there was no suggestion that this was a pretext search, intentionally conducted with the purpose or expectation of discovering weapons or contraband.” The justification for the search stemmed from the fact that the vehicle had been towed for being illegally parked. The court distinguished pretextual searches, which are impermissible, from legitimate inventory searches conducted to protect the owner’s property and to protect the police from claims of lost or stolen property.

Regarding the prosecutor’s improper cross-examination, the court acknowledged the error but found it non-prejudicial. The court cited People v. Brown, 24 N.Y.2d 168, 172-173, and noted that in a non-jury trial, the judge is presumed to be less susceptible to prejudice than a jury. The court concluded that the error did not affect the outcome of the trial. The court implicitly weighed the evidence of guilt against the potential prejudice from the improper questioning. The fact that the judge, and not a jury, was the fact-finder likely played a crucial role in the court’s determination that the error was harmless. Because this was a bench trial, the judge’s legal expertise was weighed to mitigate the improper cross-examination by the prosecutor.