PEOPLE v. PAGAN


304 A.D.2d 980 (2003)

759 N.Y.S.2d 226

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXANDER PAGAN, Appellant.

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

Decided April 17, 2003.


Peters, J.

While conducting a routine cell search, correction officers used a hand-held metal detector which indicated, upon a scan of defendant's body, that something was located in his mouth. Defendant was then taken to a holding pen where, upon being ordered to disgorge the object in his mouth, he produced a small vial of liquid. Even though the scanner continued to go off near his mouth, defendant refused a subsequent order to disgorge any other objects. After...

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