Monday, January 08, 2007

AD4: permission to "check" or "look" into vehicle does not equal consent to full vehicle search

People v Hall, 2006 NY Slip Op 09751 [available here]

After being pulled over by the police, Mr. Hall was asked if the officers "could check the vehicle or look in the vehicle." (Hall, 2006 NY Slip Op 09751.) Hall agreed, and the police officers fully searched the car and found a gun in the trunk. (Id.) The trial court suppressed the gun, and the Fourth Department affirmed. The Court held, "the People established only that the officers asked defendant if they could check the vehicle or look in the vehicle. Consent to check or look in a vehicle is not consent to search it." (Id.)