SEARCH OF VEHICLE DEEMED LAWFUL
After the Bronx County Family Court found him to be a “juvenile delinquent,” for being in possession of a gun (i.e., criminal possession of a weapon in the second degree), and conditionally discharged QP for a 12-month period, the kid appealed.
On its review of the case, the Appellate Division, Frist Department, noted that that officers had “probable cause” to stop the livery vehicle because its license plate wasn’t properly illuminated. When officers approached, they detected a marijuana odor and noted the substance in plain view on a passenger’s lap. And when they thereafter conducted a search, a firearm was found in QP’s possession.
Since the search was lawful, the gun’s recovery was deemed to be “proper” and the underlying determination was affirmed.
Think QP was gunning for a different result?
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DECISION