People v. Amitrano
Decision Date | 09 April 1969 |
Citation | 299 N.Y.S.2d 275,59 Misc.2d 471 |
Parties | The PEOPLE of the State of New York, Plaintiff, v. Frank AMITRANO, Defendant. |
Court | New York District Court |
The defendant was charged with a violation of § 385 of the Vehicle and Traffic Law which is operating an overloaded vehicle on a public highway.
Defendant's motion, made during the trial, is to suppress evidence as to the weight of defendant's vehicle, on the ground that such evidence was obtained in violation of defendant's right against an unlawful search and seizure, as proscribed by the Fourth Amendment, and in violation of defendant's privilege against self-incrimination under the Fifth Amendment.
Defendant's contention is, that absent a search warrant, a search is improper unless made incident to a lawful arrest. (Harris v. United States, 331 U.S. 145, 67 S.Ct. 1098, 91 L.Ed. 1399).
As to whether or not an arrest for a traffic infraction is lawful, defendant avers, depends upon the existence of probable cause. (People v. Loria, 10 N.Y.2d 368, 233 N.Y.S.2d 462, 179 N.E.2d 478).
There is no question but that a traffic infraction is treated procedurally as a misdemeanor for most purposes, and that Section 177 of the Code of Criminal Procedure which provides for the circumstances under which a warrantless arrest may be made, is applicable. (Vehicle and Traffic Law Sec. 155).
Under Section 177(1) of the code, a peace officer without a warrant, may arrest a person where he has reasonable cause to believe that an offense is being committed or attempted in his presence by that person.
Section 167 of the code defines an arrest as follows:
'Arrest is the taking of a person into custody that he may be held to answer for an offense.'
This statute defining arrest, makes it clear, that the Legislature did not intend that the stopping of a vehicle on the public highway, for purposes of inspection and in order to detect overloading, makes it an arrest.
Section 390 of the Vehicle and Traffic Law provides:
'The superintendent of state police shall cause inspection to be made of the motor vehicles and motorcycles operating on the public highways to detect inadequacy of equipment, overloading and other violations of law governing the use of the public highways by motor vehicles and motorcycles.'
As noted in United States v. Vita, 2 Cir., 294 F.2d 524, 530, the line between detention and arrest is a thin one, but a necessary one if there is to be any effective enforcement of the criminal law.
As stated in People v. Fidler, 280 App.Div. 698, 700, 117 N.Y.S.2d 313, 315:
'When the state provides a public facility for private use and the use is by mechanical equipment, dangerous if defective, the right of public authority to examine the equipment as an incident to such a use would seem incontestable.'
Nor would it appear that the inspection of the vehicle is prohibited by the Fourth Amendment.
(People v. Fidler, supra, p. 701, 117 N.Y.S.2d p. 315)
It may be fairly concluded therefore, that stopping a vehicle on a public highway for purpose of inspection is not an arrest, and that the inspection does not constitute an illegal search.
As to the claim of self-incrimination, defendant relies heavily upon Section 155 of the Vehicle and Traffic Law, in support of his contention that a traffic infraction is a crime within the purview of the Fifth Amendment. This section however, makes it crystal clear that a traffic infraction is not a crime, and is to be deemed a misdemeanor for purposes of jurisdiction only, outside of cities having a population in excess of one-million.
A traffic infraction is treated as a misdemeanor for purpose of procedure only. (People v. Wilson, Sup., 168 N.Y.S.2d 391).
In People v. Letterio, 16 N.Y.2d 307, 312, 313, 266 N.Y.S.2d 368, 372, 213 N.E.2d 670, 672, the Court of Appeals discussed the status of a traffic infraction. Justice Bergan made the following observations:
'The basic concept of the traffic infraction is that a traffic violation is not a crime * * *.
The issue before the Court of Appeals in Letterio was whether a defendant charged with a traffic infraction was entitled to have the assistance of counsel and whether the court must advise him of his right to counsel. The court resolved these issues against the defendant on the ground that traffic infractions are not criminal prosecutions within the purview of the Sixth Amendment. It must also be said therefore, that predicated upon the binding effect which the Court of Appeals decision has upon...
To continue reading
Request your trial-
Bootz v. Childs, 83 C 4626.
...v. State, 178 Ind.App. 406, 382 N.E.2d 1312 (1978); People v. Ferency, 133 Mich.App. 526, 351 N.W.2d 225 (1984); People v. Amitrano, 59 Misc.2d 471, 299 N.Y.S.2d 275 (1969). These holdings, however, appear to be based on state law explicitly classifying traffic offenses as civil proceedings......
-
People v. Wienclaw
...Procedure Law, due to the fact the CPL has been held applicable to traffic infractions (see, Vehicle and Traffic Law § 155; People v Amitrano, 59 Misc 2d 471 [Suffolk Dist Ct 1969]) as well as local municipal ordinances (People v Hacker, 76 Misc 2d 610 [Suffolk Dist Ct 1973]). Therefore al......
- Petterson v. Lynch