Recently, a New York court vacated a defendant’s criminal escape conviction after he challenged the lower court’s suppression ruling. Originally, the defendant was convicted after police officers claimed they had no choice but to search the defendant’s drawstring backpack since they were faced with an emergency situation that posed an immediate safety risk. The appellate court denied this claim, concluding that there was no such emergency and that the officers should not have actually searched the defendant’s backpack. Even though the defendant had already served time in prison, the court vacated the conviction that was based on his attempt to escape prison after having been arrested. This is an extremely important Fourth Amendment, search and seizure case holding that absent an emergency or fear that the evidence will decay or be destroyed, the police may not search a closed container incident to a lawful arrest.
Facts of the Case
According to the opinion, police in New York received a call about the defendant trespassing in a residential building. Upon the police officers’ arrival, the building’s superintendent identified the defendant, who was standing near the building, as the trespasser. The officers approached the defendant and tried to ask him a few questions, but he cursed at them and fled. After the officers caught up to the defendant, they took him to the ground and handcuffed him. One officer suffered a knee injury as a result.
The other officer handcuffed the defendant, who was wearing a drawstring backpack and called for backup. The same officer patted down the defendant and the backpack; during this pat-down, the officer felt something in the backpack. Immediately looking inside, he found a box with the words “9mm” written on it. The officer removed the box, opened it, and saw what he believed to be an illegal silencer. The officer arrested the defendant for criminal trespass and weapon possession.