PEOPLE v. HUGGINS

Ind. No. 2883/16. Appeal No. 12013. Case No. 2019-363.

187 A.D.3d 484 (2020)

130 N.Y.S.3d 283

2020 NY Slip Op 05601

The People of the State of New York, Respondent, v. Ronnell Huggins, Appellant.

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

Decided October 8, 2020.


The search in which a police officer recovered a boxcutter from defendant's pocket was not a valid search incident to arrest. Probable cause to arrest did not exist at the time of the search because, at that point, the information underlying the radio run on which the officer acted lacked the requisite indicia of reliability. Even if probable cause had been established, the search incident to arrest exception would still be inapplicable because the record indicates that the...

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