PEOPLE v. COLON

3995, 5596/07.

80 A.D.3d 440 (2011)

913 N.Y.S.2d 658

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE COLON, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 4, 2011.


The police obtained a warrant that authorized a search of defendant and his vehicle, but did not authorize any kind of body cavity search. The police took defendant to the precinct, where a pat-down search revealed a gravity knife and currency but no drugs. The police then conducted a strip search and visual body cavity search which led an officer to notice a white object in defendant's buttocks. The police removed the white object, which was a piece of toilet paper rolled...

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