People v. Sinzheimer
| Decision Date | 10 February 2005 |
| Docket Number | 15653. |
| Citation | 790 N.Y.S.2d 554,15 A.D.3d 732,2005 NY Slip Op 01061 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW SINZHEIMER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Appeal from a judgment of the County Court of Essex County (Hoye, J.), rendered February 23, 2004, convicting defendant upon his plea of guilty of the crime of criminal possession of marihuana in the third degree.
Defendant and Matyus Nayfeld were indicted for the crime of criminal possession of marihuana in the first degree after they were stopped at a United States Border Patrol checkpoint located on Interstate Route 87 and a subsequent search of their sport utility vehicle produced more than 10 pounds of marihuana. Following a combined Huntley/Dunaway/Mapp hearing, County Court granted defendant's motion to suppress certain statements that he made to a police investigator, but denied his motion in all other respects. Defendant thereafter entered an Alford plea to the crime of criminal possession of marihuana in the third degree and was sentenced to five years probation. Defendant now appeals, claiming that the court erred in finding that the Border Patrol checkpoint was constitutionally permissible and that the consent to search the vehicle was voluntary.
We affirm. Initially, we conclude that the evidence supports County Court's finding that the Border Patrol checkpoint was constitutional. It is well settled that the Border Patrol may stop a vehicle at a fixed checkpoint for brief questioning of its occupants "even though there is no reason to believe the particular vehicle contains illegal aliens" (United States v Martinez-Fuerte, 428 US 543, 545 [1976]). The choice of checkpoint locations and checkpoint operations must be left largely to the discretion of Border Patrol officials (see id. at 560).
Border Patrol Agent Brian De Brita testified that the primary purpose of the checkpoint in question was to determine the citizenship of vehicle occupants. He described the checkpoint as a temporary immigration checkpoint periodically operated at a fixed location less than 100 miles from the Canadian border. He stated that the checkpoint has two permanently installed signs with flashing lights that are turned on when a checkpoint is activated. He further stated that cones are used to guide vehicles to two side-by-side primary inspection points. When a vehicle approaches a primary inspection...
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