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FOWLER v. CITY OF NEW YORK

5213. 300368/14.

156 A.D.3d 512 (2017)

67 N.Y.S.3d 171

2017 NY Slip Op 08729

LARELL FOWLER et al., Appellants, v. CITY OF NEW YORK et al., Respondents.

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

Decided December 14, 2017.

There is no dispute that the vehicle being operated by plaintiff Fowler had illegal tint to its windows, making the initial stop legal (see People v Robinson, 103 A.D.3d 421 [1st Dept 2013], lv denied 20 N.Y.3d 1103 [2013]). The odor of marijuana emanating from the vehicle, in and of itself, provided probable cause to arrest plaintiffs and search the vehicle (id.). Moreover, the officers...

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