People v. White, 392 KA 11-00290
| Decision Date | 08 May 2015 |
| Docket Number | 392 KA 11-00290 |
| Citation | 8 N.Y.S.3d 788,128 A.D.3d 1457,2015 N.Y. Slip Op. 03963 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Jarrett T. WHITE, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
128 A.D.3d 1457
8 N.Y.S.3d 788
2015 N.Y. Slip Op. 03963
The PEOPLE of the State of New York, Respondent
v.
Jarrett T. WHITE, Defendant–Appellant.
392 KA 11-00290
Supreme Court, Appellate Division, Fourth Department, New York.
May 8, 2015.
Timothy P. Donaher, Public Defender, Rochester (James A. Hobbs of Counsel), for Defendant–Appellant.
Sandra Doorley, District Attorney, Rochester (Daniel Gross of Counsel), for Respondent.
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, CARNI, AND SCONIERS, JJ.
Opinion
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the third degree (Penal Law § 220.16[1] ) and criminal possession of a controlled substance in the fifth degree (§ 220.06[5] ), defendant contends that County Court erred in refusing to suppress the drugs seized from his person because he was subject to an illegal search, and that his statements to a police investigator should have been suppressed as the fruits of that illegal search. We conclude that the court properly denied that part of defendant's omnibus motion seeking to suppress the physical evidence and statements.
In March 2010, defendant attempted to enter the Hall of Justice in Rochester. The security measures at the Hall of Justice required that all entrants be searched via metal detectors, and that their personal belongings pass through an X–ray machine to search for weapons and other contraband. During his entry to the Hall of Justice, defendant set off the walk-through magnetometer, and a subsequent scan of his person by a hand scanner operated by a Monroe County Sheriff's Deputy indicated that there was metal in the area of
defendant's crotch. When asked if he had any metal on his person, defendant gave an illogical and unlikely explanation, and began to act in a nervous manner. Defendant was scanned twice more by the hand scanner, which continued to indicate the presence of metal in the same location inside defendant's pants. After a pat frisk revealed no observable weapon on defendant's person, defendant was handcuffed and escorted to an adjacent private room by two deputies. There, one of the deputies helped defendant pull down his pants “just below the waist area,” and a “gold-covered foil package” containing drugs was retrieved from a seam in defendant's long underwear.
The evidence at the suppression hearing established that prospective entrants into the Hall of Justice were warned by postings that “anybody entering the building [was] subject to be[ing] searched,” and that, prior to submitting to the security procedures, defendant would have been able to see individuals
in line ahead of him passing through the magnetometer and placing their belongings on the X–ray machine. Thus, inasmuch as defendant had notice of the impending security checkpoint and search, we conclude that he relinquished any reasonable expectation of privacy and impliedly consented to the search by seeking entry into the Hall of Justice...
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