PEOPLE v. HILL


171 A.D.2d 1017 (1991)

The People of the State of New York, Respondent, v. Rodney D. Hill, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 8, 1991


Judgment reversed on the law, motion granted and indictment dismissed.

Memorandum:

The arresting officer violated defendant's Fourth Amendment rights by reaching into defendant's pocket and removing a "hide-a-key" case which, when opened, was found to contain cocaine. Although the suppression court adopted the People's "frisk" rationale, concluding that the officer was justified in his belief that the object could have been a weapon, the court's conclusion...

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