122 A.D.3d 934
N.Y. App. Div.2014Background
- On Feb. 19, 2010 police encountered Kenny Alston in the trauma room at Jamaica Hospital after he had been stabbed; he was connected to an IV and bleeding.
- Alston gave his name; when asked for ID he either said hospital personnel had taken it or that it was at hospital security.
- An officer went to the hospital security office, obtained a sealed manila envelope of Alston’s belongings, opened it, accessed his wallet, and removed two driver's licenses (one belonging to Alston and one to M.L.) and cash.
- Other officers later learned that M.L. and others were robbed that morning and that one perpetrator had been stabbed; possession of M.L.’s license made Alston a person of interest and he was arrested and charged with multiple robberies.
- At a pretrial suppression hearing the court denied Alston’s motion to suppress the license and cash; after a jury trial he was convicted on multiple counts.
- On appeal the Second Department reversed, finding the People failed to prove the legality of the search or valid consent, ordered suppression of the physical evidence, and remanded for a new trial because the error was not harmless.
Issues
| Issue | People’s Argument | Alston’s Argument | Held |
|---|---|---|---|
| Whether the officer lawfully searched Alston’s belongings and may introduce the recovered license and cash | Officer had consent to retrieve and examine Alston’s envelope/wallet; evidence was therefore admissible | Alston did not consent to the officer opening the sealed envelope or searching his wallet; he had a privacy interest in his belongings | Court held People failed to meet burden to show lawful search or valid consent; suppression of physical evidence required |
Key Cases Cited
- People v. Spann, 82 A.D.3d 1013 (People bear burden to justify police conduct in suppression hearings)
- People v. Ramirez-Portoreal, 88 N.Y.2d 99 (hospitalized person retains privacy interest in personal effects)
- People v. Cook, 85 N.Y.2d 928 (privacy protections apply even when a person is in custody or receiving medical care)
- Berger v. New York, 388 U.S. 41 (perception of victim status does not eliminate Fourth Amendment protections)
- United States v. Drayton, 536 U.S. 194 (Fourth Amendment analysis and limits on surrender of rights)
- People v. Gomez, 5 N.Y.3d 416 (scope of consent governs permissible search)
- People v. Johnson, 64 N.Y.2d 617 (issues not raised below generally forfeited on appeal)
- People v. Hall, 35 A.D.3d 1171 (consent limited to scope actually granted)
- People v. Harper, 100 A.D.3d 772 (harmless error standard for suppressed evidence)