People v. Lee, 40 N.Y.S.3d 80

On Nov. 16, 2012 police following defendant observed him enter a vehicle; when he opened the driver’s door an officer smelled marijuana and saw a partially smoked marijuana cigarette on the center console. Defendant and his passenger were arrested.
After arrest the vehicle was driven to a police district base and officers removed all items under a sergeant’s direction; a contemporaneous handwritten list and later-printed property clerk invoices were produced at the suppression hearing.
Police had earlier investigated defendant for alleged subway-related larcenies and prepared a wanted poster based on a MetroCard found with defendant in a prior arrest; officers admitted they had been following defendant earlier for suspected stolen-property offenses.
The hearing court credited police testimony and found probable cause to arrest for marijuana possession and that the post-arrest search was a valid inventory search consistent with NYPD patrol guide procedures.
The defendant moved to suppress physical evidence recovered from the car; the majority affirmed denial of suppression, while the dissent would have suppressed, finding the search investigatory and defectively documented.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable cause to arrest for marijuana	Officers smelled marijuana and observed a partially smoked joint in plain view when door opened	Officers’ testimony incredible and motivated by prior investigatory plan to arrest for stolen property	Court: Probable cause existed; hearing court credibility findings upheld
Validity of post-arrest search as an inventory	Search followed NYPD patrol guide, items vouchered, contemporaneous list and property clerk invoices limit officer discretion	Inventory was investigatory in purpose, invoices identify category as “investigatory,” handwritten list and invoicing delayed/defective	Court: Search was a legitimate inventory; procedural deviations were minor and did not invalidate search
Timing/documentation of inventory (Galak concern)	Handwritten list made contemporaneously; property clerk invoices admitted; deviations not fatal	Invoices printed hours later; handwritten list not on official form; no activity log or cross-reference as required by guide	Court: Distinguishes Galak; record supports usable inventory and limitations on officer discretion
Search incident to arrest / other exceptions (Gant)	Inventory ruling dispositive; alternative People argument unnecessary	Even if inventory invalid, arrest could not justify full vehicle search—only limited searches for evidence of arrest offense	Court: Did not reach alternative Gant arguments because inventory search upheld

People v. Padilla, 21 N.Y.3d 268 (inventory-search standard; motive and standardized procedures required)
People v. Johnson, 1 N.Y.3d 252 (inventory searches may yield incriminating evidence so long as not primary purpose)
People v. Galak, 80 N.Y.2d 715 (delay between search and inventory list can invalidate inventory)
People v. Prochilo, 41 N.Y.2d 759 (deference to hearing court credibility findings)
People v. Walker, 20 N.Y.3d 122 (upholding inventory despite form deficiencies)
People v. Black, 250 A.D.2d 494 (inventory procedures and evidentiary value of lists)
People v. Singleton, 139 A.D.3d 208 (plain-view observation of marijuana supports arrest)
People v. Smith, 66 A.D.3d 514 (similar plain-view marijuana observations)
California v. Acevedo, 500 U.S. 565 (scope of automobile search tied to objects probable cause exists to seize)
Arizona v. Gant, 556 U.S. 332 (limits on vehicle searches incident to arrest)
Katz v. United States, 389 U.S. 347 (warrant requirement and Fourth Amendment principles)
United States v. Ross, 456 U.S. 798 (search scope defined by object and places probable cause exists)