Monroe County Court judge rules inventory search of vehicle by

Where an officer stopped a vehicle for an expired registration and subsequently seized tangible evidence, the defendant moved to suppress the evidence and his statements to police.

Reviewing the facts in People v. Mark Coleman, Acting Monroe County Court Judge John R. Schwartz denied the defendant's motion and found the officer acted properly and the defendant waived his constitutional right to remain silent.

The Facts

At 10 p.m. on March 4, Rochester Police Officer Corey Kleinman was running plates in a marked police car. Kleinman observed a red Nissan Maxima and the license plate indicated that the registration had expired on Feb. 18.

Kleinman stopped the driver of the vehicle, defendant Mark Coleman.

Kleinman indicated that upon approaching the vehicle, [Coleman] rolled the driver's side window down approximately six inches and [Kleinman] immediately detected the odor of smoked marijuana.

Kleinman directed Coleman to exit the vehicle. Coleman was determined not to be the registered owner of the vehicle. The officer determined that the vehicle would have to be towed since it is illegal to operate an unregistered vehicle on the road.

Pursuant to Rochester Police Dept. General Order 511, Kleinman conducted a search of the vehicle. He started the search with the driver's reachable area and located a handgun in the right middle console.

Kleinman did not administer a sobriety test to Coleman and he did not see any marijuana in the vehicle.

The officer asked Coleman whether he had any contraband or weapons on him. Coleman responded that he had marijuana but he didn't know exactly where it was. Kleinman patted him down and located a baggie with marijuana.

The only item listed on the inventory list was the handgun.

Kleinman acknowledged that Coleman did not give him consent to have the car searched.

Coleman was arrested and taken to the Public Safety Building. After reading him his Miranda rights, Coleman indicated that he understood his rights and he agreed to waive them. Coleman signed a written statement.

Coleman was charged with Criminal Possession of a Weapon in the Third Degree (Penal Law Section 265.02[4]), unlawful possession of marijuana (Penal Law Section 221.05) and operating an unregistered vehicle (Vehicle and Traffic Law Section 401). He moved to suppress his statements to the police and tangible evidence seized, including the gun and marijuana.

Court's Analysis

The initial stop of a vehicle must be justified at its inception and the seizure must be reasonably related in scope, including its length, to the circumstances which justified the detention in the first instance, People v. Banks, 85 NY2d 358, 362 (1995), cert denied 516 US 858 (1996).

Judge Schwartz determined [t]he initial stop ... was justified by [Kleinman's] observation that the registration ... was expired, in violation of the Vehicle and Traffic Law, People v. Wright, 98 NY2d 657 (2002); People v. Robinson, 97 NY2d 341, 351-352 (2001).

The court found that the officer was justified in ordering Coleman to exit the vehicle, People v. McLaurin, 70 NY2d 779, 781 (1987); People v. Robinson, 74 NY2d 773, 775 (1989), cert denied 493 US 966 (1989). He was also authorized in asking Coleman whether he had any drugs on his person, People v. Smith, 265 AD2d 732 (1998), lv denied 93 NY2d 929 (1999). The court found that these questions did not constitute a forcible seizure but they were necessary merely to obtain explanatory information, People v. Smith, 256 AD2d at 733.

According to the judge, [t]hese circumstances furnished the officer, not only with probable cause to arrest [Coleman] but also to believe that the car might contain more marijuana, People v. Morgan, 10 AD3d 369 (2003). In fact, the officer was entitled to conduct a warrantless search of the vehicle under these circumstances, even though [Coleman] had not yet been arrested, People v. Brabham, 13 AD3d at 388-389; People v. Morgan, 10 AD3d at 369; People v. Faines, 297 AD2d at 594-595.

The court found the fact that the vehicle's registration was expired and that [Coleman,] the sole occupant, was not the owner, authorized the officer to impound the car and to conduct an inventory search, People v. Marasa, 284 AD2d 971 (2001), lv denied 96 NY2d 940 (2001); People v. Valerio, 274 AD2d 950 (2000), affd 95 NY2d 924 (2000), cert denied 532 US 981 (2001).

Inventory Search

An inventory search is a recognized exception to the warrant requirement of the Fourth Amendment. The police are authorized to conduct a non-investigatory search of a car lawfully in their custody in order to protect or secure the property of the owner, to ensure that the property seized was not dangerous and to protect the police against false claims that the property was lost, damaged or stolen, Florida v. Wells, 495 US 1, (1990); People v. Galak, 80 NY2d 715, (1993).

Any [e]vidence seized during an inventory search is admissible at trial only if the inventory search was conducted pursuant to a standard of established police procedure and that procedure is designed to meet the objectives of the search in the first instance and limits the officer's discretion, People v. Johnson, 1 NY3d 252, 256 (2003).

The court concluded that the police were entitled to search the vehicle to inventory its contents. Kleinman properly followed Rochester Police Dept. General Order 511 in conducting the inventory search as he was required to remove and inventory loose articles of value and he stated that he did that.

Conclusion

The judge found that Coleman knowingly, voluntarily and intelligently waived his constitutional right to remain silent and agreed to speak to the officers, Miranda v. Arizona, 384 US 436 (1966); People v. Nunez, 80 NY2d 858 (1992); People v. Carter, 293 AD2d 484 (2002).

The court found that the officer was justified in stopping the vehicle, in ordering the defendant to exit the vehicle and in the inventory search.

Judge Schwartz denied Coleman's motion to suppress the tangible evidence seized and his statements.

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