Fourth Department – Probable cause: People v. Lawrence

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Probable cause

Vehicle search – Retrieving vehicle registration

People v. Lawrence

KA 19-00317

Appealed from Oneida County Court

Background: The defendant appealed from his conviction of multiple counts of criminal possession of a firearm, harassment, exposure of a person and criminal mischief. He argues that it was in error to refuse to suppress the handgun that was seized from a vehicle in which he was a passenger.

Ruling: The Appellate Division reversed. The court held that the officer had probable cause to search the vehicle. The court noted that the officer was not entitled to enter the vehicle to obtain the vehicle’s registration certificate as there were no safety reasons preventing the officer from allowing the defendant to retrieve the registration himself. Further, the defendant did not initially fail to produce the registration when prompted to do so by law enforcement.

Donald R. Gerace for the defendant-appellant; Anthony Lawrence Pro se; Steven G. Cox, of the district attorney’s office, for the respondent.