Summary
In People v Diaz (213 AD2d 270, lv denied 85 NY2d 972), the First Department held that a legal stop of a vehicle, followed by the observation of an empty bullet box, gives the police probable cause to search the car for a gun. "Where there is a substantial likelihood that a weapon is present in a vehicle, thereby giving rise to an actual and specific' danger to officer safety, a limited police search is justified" (People v Carvey, 89 NY2d 707, 710-711; see also People v Mundo, 99 NY2d 55, 62).
Summary of this case from People v. CollierOpinion
March 21, 1995
Appeal from the Supreme Court, New York County (Murray Mogel, J.).
Contrary to defendant's contention, the suppression court properly found that the warrantless search of his vehicle was permissible. First, the initial stop of the vehicle was lawful since the police officers observed defendant commit a traffic infraction (People v. Ingle, 36 N.Y.2d 413). Further, the subsequent observation of the empty bullet box provided the police with probable cause to believe that a gun was inside the car and thus the search of the passenger compartment of the car and the glove compartment, which led to the seizure of a loaded and operable gun, was proper (People v. Ellis, 62 N.Y.2d 393; People v. Davis, 182 A.D.2d 770, lv denied 80 N.Y.2d 830; People v. Prevo, 167 A.D.2d 960, lv denied 77 N.Y.2d 910).
Concur — Sullivan, J.P., Wallach, Asch, Nardelli and Williams, JJ.