Fourth Department – Unlawful inventory search: People v. Boatwright

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

Unlawful inventory search — Registration information

People v. Boatwright

KA 23-00941

Appealed from Supreme Court, Monroe County

Background: The defendant appealed from his conviction of criminal possession of a weapon. He argues that the court erred by refusing to suppress physical evidence resulting from an unlawful inventory search.

Ruling: The Appellate Division reversed. The court noted that the traffic stop of the vehicle was initiated because the vehicle passed through a red light. The license plate of the vehicle was a temporary Texas paper license plate which was subject to a recent anti-fraud bulletin. The officer assumed that the temporary paper license plate was invalid and body cam footage confirmed he had no information to verify whether the temporary paper license plate was invalid. Thus, vehicle was unlawfully impounded as the arresting officer was not in possession of information that the vehicle was not registered at the time he thought it should be towed.

Kathleen P. Reardon, of the conflict defender’s office, for the defendant-appellant; Grazina Harper, of the district attorney’s office, for the respondent.

Oral argument video