(DOWNLOAD) "People State New York v. Benjamin Anderson" by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Benjamin Anderson
- Author : Court of Appeals of New York
- Release Date : January 20, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
[24 N.Y.2d 12 Page 14] The People concede that before the police officer opened the tin box and discovered the glassine envelopes of heroin, there
was no probable cause to make an arrest and, therefore, the search cannot be sustained on the ground that it was incident
to a lawful arrest. Accordingly, the only basis upon which the search could be sustained is, as the People contend, that the
defendant abandoned the evidence seized. The police officer testified that the defendant "dropped a tin box" just prior to
the police officer's making contact with the defendant's hand. Considering the testimony of the police officer most favorably
to the People, it is our opinion that this proof is insufficient, as a matter of law, to constitute an abandonment. There
is no proof that the defendant threw it away or attempted to dispose of it in any manner which might have manifested the requisite
intention to abandon. Moreover, the police officer's testimony reveals that he picked up the box so soon after it had been
dropped that it is impossible to determine whether or not the defendant, if given the opportunity, would have picked up the
box himself. Absent any such proof, the seizure of the tin box under the circumstances of this case cannot be sustained.