MATTER OF McCASKELL v. RODRIGUEZ

523301.

148 A.D.3d 1407 (2017)

2017 NY Slip Op 01946

48 N.Y.S.3d 642

In the Matter of BRAD McCASKELL, Petitioner, v. A. RODRIGUEZ, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided March 16, 2017.


While conducting a pat frisk of petitioner, who was working as a porter at the time, a correction officer noticed that he was hiding an unknown object in his mouth. The officer directed petitioner to spit it out and, when he did, the officer recovered two small plastic bags containing a green-brown leafy substance. Based upon the officer's training and certain statements made by petitioner, the officer believed that the substance...

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