Justice April Newbauer
Carrasco, charged with criminal possession of a controlled substance, sought suppression of physical evidence recovered from him arguing it was the subject of an illegal search and seizure. An officer approached a stopped Audi believing the tints were too dark. He discovered Carrasco's license was suspended and arrested him, recovering $1,332 from Carrasco. The officer performed a "safety search" around the driver's side and his partner searched the glove compartment and center console, observing a "brick form of a white rocklike substance" he believed was cocaine. The court found while the license suspension and Vehicle and Traffic Law violation for the tinted windows provided probable cause to arrest defendant, suppression of the evidence recovered was warranted. It concluded prosecutors failed to introduce evidence that an inventory search was conducted under the New York City Police Department's impoundment regulations or procedures. The court stated there was nothing to support a finding the officer followed proper protocol or engaged in anything other than a "carte blanche" exploration of the car. Thus, as the seizure of the alleged cocaine following Carrasco's arrest was not pursuant to a valid inventory search, suppression was granted.
