New York Court of Appeals

The People of the State of New York, Respondent v. Graham Reid, Appellant

December 19, 201424 N.Y.3d 615

Summary

The Court held that the officer's pat‑down of the appellant was not a search incident to arrest because the arrest was predicated on the discovery of the switchblade, not on the prior probable cause for drunken driving. Accordingly, the motion to suppress the knife was granted and the indictment dismissed. The decision relied on Knowles v. Iowa and rejected the Appellate Division’s reliance on Devenpeck and Whren. Justice Read dissented, arguing that the majority improperly read Knowles and that the proper result is to affirm the lower court.