speeding violation in New York

2010The record of the suppression hearing establishes that the police were justified in stopping defendant’s vehicle for a speeding violation, and in thereafter asking defendant to produce his license and registration and to exit the vehicle (see generally People v Banks, 85 NY2d 558, 562 [1995], cert denied 516 US 868 [1995]; People v Johnson, 102 AD2d 616, 625 [1984], lv denied 63 NY2d 776 [1984]).

2001The Fifth Circuit, in United States v Roberson ( 6 F3d 1088, 1092 , cert denied 510 US 1204 , sub nom.

2001The Fifth Circuit, in United States v Roberson ( 6 F3d 1088, 1092 , cert denied 510 US 1204 , sub nom.

2001The Fifth Circuit, in United States v Roberson ( 6 F3d 1088, 1092 , cert denied 510 US 1204 , sub nom.

2001The Fifth Circuit, in United States v Roberson ( 6 F3d 1088, 1092 , cert denied 510 US 1204 , sub nom.

2001In United States v Hill ( 195 F3d 258, 261 [6th Cir], cert denied 528 US 1176 ), a sheriff's deputy decided to follow a U-Haul truck driven completely lawfully "because it was a U-Haul, and because it had been his experience that U-Hauls carry narcotics," until, after almost a mile, a speeding violation was detected.

2001In United States v Hill ( 195 F3d 258, 261 [6th Cir], cert denied 528 US 1176 ), a sheriffs deputy decided to follow a U-Haul truck driven completely lawfully “because it was a U-Haul, and because it had been his experience that U-Hauls carry narcotics,” until, after almost a mile, a speeding violation was detected.

1991However, since neither of these arguments was advanced before the hearing court, they are unpreserved for appellate review (see, People v Tutt, 38 NY2d 1011 ; People v Burgess, 168 AD2d 685 ).

1991However, since neither of these arguments was advanced before the hearing court, they are unpreserved for appellate review (see, People v Tutt, 38 NY2d 1011 ; People v Burgess, 168 AD2d 685 ).

1990A police officer’s entry into a citizen’s vehicle and his inspection of personal effects therein are significant invasions of privacy and such intrusions must be justified in their inception and be reasonably related in scope and intensity to the circumstances which rendered their initiation permissible (see, People v Torres, 74 NY2d 224, 229-230 ; People v De Bour, 40 NY2d 210, 215 ), A speeding violation without more cannot sustain a search of defendant’s vehicle (see, People v Adams, 32 NY2d 451, 454-455 ; People v Marsh, 20 NY2d 98, 101-103 ).

1990A police officer’s entry into a citizen’s vehicle and his inspection of personal effects therein are significant invasions of privacy and such intrusions must be justified in their inception and be reasonably related in scope and intensity to the circumstances which rendered their initiation permissible (see, People v Torres, 74 NY2d 224, 229-230 ; People v De Bour, 40 NY2d 210, 215 ), A speeding violation without more cannot sustain a search of defendant’s vehicle (see, People v Adams, 32 NY2d 451, 454-455 ; People v Marsh, 20 NY2d 98, 101-103 ).

1990The officer had no justification, however, for questioning defendant about matters unrelated to the speeding violation, or for searching the vehicle by looking underneath the seats (see, People v Class, 63 NY2d 491, 495 , revd 475 US 106 , on remand 67 NY2d 431 ).

1990A police officer’s entry into a citizen’s vehicle and his inspection of personal effects therein are significant invasions of privacy and such intrusions must be justified in their inception and be reasonably related in scope and intensity to the circumstances which rendered their initiation permissible (see, People v Torres, 74 NY2d 224, 229-230 ; People v De Bour, 40 NY2d 210, 215 ), A speeding violation without more cannot sustain a search of defendant’s vehicle (see, People v Adams, 32 NY2d 451, 454-455 ; People v Marsh, 20 NY2d 98, 101-103 ).

1990A police officer’s entry into a citizen’s vehicle and his inspection of personal effects therein are significant invasions of privacy and such intrusions must be justified in their inception and be reasonably related in scope and intensity to the circumstances which rendered their initiation permissible (see, People v Torres, 74 NY2d 224, 229-230 ; People v De Bour, 40 NY2d 210, 215 ), A speeding violation without more cannot sustain a search of defendant’s vehicle (see, People v Adams, 32 NY2d 451, 454-455 ; People v Marsh, 20 NY2d 98, 101-103 ).

1990A police officer’s entry into a citizen’s vehicle and his inspection of personal effects therein are significant invasions of privacy and such intrusions must be justified in their inception and be reasonably related in scope and intensity to the circumstances which rendered their initiation permissible (see, People v Torres, 74 NY2d 224, 229-230 ; People v De Bour, 40 NY2d 210, 215 ), A speeding violation without more cannot sustain a search of defendant’s vehicle (see, People v Adams, 32 NY2d 451, 454-455 ; People v Marsh, 20 NY2d 98, 101-103 ).

1990A police officer’s entry into a citizen’s vehicle and his inspection of personal effects therein are significant invasions of privacy and such intrusions must be justified in their inception and be reasonably related in scope and intensity to the circumstances which rendered their initiation permissible (see, People v Torres, 74 NY2d 224, 229-230 ; People v De Bour, 40 NY2d 210, 215 ), A speeding violation without more cannot sustain a search of defendant’s vehicle (see, People v Adams, 32 NY2d 451, 454-455 ; People v Marsh, 20 NY2d 98, 101-103 ).

1990The officer had no justification, however, for questioning defendant about matters unrelated to the speeding violation, or for searching the vehicle by looking underneath the seats (see, People v Class, 63 NY2d 491, 495 , revd 475 US 106 , on remand 67 NY2d 431 ).

1990The officer had no justification, however, for questioning defendant about matters unrelated to the speeding violation, or for searching the vehicle by looking underneath the seats (see, People v Class, 63 NY2d 491, 495 , revd 475 US 106 , on remand 67 NY2d 431 ).

1990A police officer’s entry into a citizen’s vehicle and his inspection of personal effects therein are significant invasions of privacy and such intrusions must be justified in their inception and be reasonably related in scope and intensity to the circumstances which rendered their initiation permissible (see, People v Torres, 74 NY2d 224, 229-230 ; People v De Bour, 40 NY2d 210, 215 ), A speeding violation without more cannot sustain a search of defendant’s vehicle (see, People v Adams, 32 NY2d 451, 454-455 ; People v Marsh, 20 NY2d 98, 101-103 ).

1990A police officer’s entry into a citizen’s vehicle and his inspection of personal effects therein are significant invasions of privacy and such intrusions must be justified in their inception and be reasonably related in scope and intensity to the circumstances which rendered their initiation permissible (see, People v Torres, 74 NY2d 224, 229-230 ; People v De Bour, 40 NY2d 210, 215 ), A speeding violation without more cannot sustain a search of defendant’s vehicle (see, People v Adams, 32 NY2d 451, 454-455 ; People v Marsh, 20 NY2d 98, 101-103 ).

1989For this reason, even before the enactment of Vehicle and Traffic Law article 2-A, which provides in certain cases, including the instant one, for the administrative adjudication of traffic infractions, no right to counsel had been recognized in this State as being constitutionally mandated for those accused of traffic infractions (see, People v Phinney, 22 NY2d 288, 290 ; People v Letterio, 16 NY2d 307, 311-312 , cert denied 384 US 911 , mot to amend remittitur granted sub nom.

1989For this reason, even before the enactment of Vehicle and Traffic Law article 2-A, which provides in certain cases, including the instant one, for the administrative adjudication of traffic infractions, no right to counsel had been recognized in this State as being constitutionally mandated for those accused of traffic infractions (see, People v Phinney, 22 NY2d 288, 290 ; People v Letterio, 16 NY2d 307, 311-312 , cert denied 384 US 911 , mot to amend remittitur granted sub nom.

1989For this reason, even before the enactment of Vehicle and Traffic Law article 2-A, which provides in certain cases, including the instant one, for the administrative adjudication of traffic infractions, no right to counsel had been recognized in this State as being constitutionally mandated for those accused of traffic infractions (see, People v Phinney, 22 NY2d 288, 290 ; People v Letterio, 16 NY2d 307, 311-312 , cert denied 384 US 911 , mot to amend remittitur granted sub nom.

1985Clearly, this evidence was more than sufficient to sustain the speeding violation charge (see, Matter of Graf v Foschio, 102 AD2d 891 ; Matter of Lovenheim v Foschio, 93 AD2d 986 ; People v Olsen, 22 NY2d 230 ).

1985Clearly, this evidence was more than sufficient to sustain the speeding violation charge (see, Matter of Graf v Foschio, 102 AD2d 891 ; Matter of Lovenheim v Foschio, 93 AD2d 986 ; People v Olsen, 22 NY2d 230 ).

1985Clearly, this evidence was more than sufficient to sustain the speeding violation charge (see, Matter of Graf v Foschio, 102 AD2d 891 ; Matter of Lovenheim v Foschio, 93 AD2d 986 ; People v Olsen, 22 NY2d 230 ).

1981Close, however, is People v Lemmons ( 49 AD2d 639 , affd on other grounds 40 NY2d 505 ), where an automobile which defendant was driving was stopped by State troopers for a speeding violation.

1981Close, however, is People v Lemmons ( 49 AD2d 639 , affd on other grounds 40 NY2d 505 ), where an automobile which defendant was driving was stopped by State troopers for a speeding violation.

1975(CPL 40.20, subd 2; People v Chessman, 13 NY2d 793 ; People v Billeci, 77 Misc 2d 1089 .) There is still another aspect of this case which should be commented upon.

1975(CPL 40.20, subd 2; People v Chessman, 13 NY2d 793 ; People v Billeci, 77 Misc 2d 1089 .) There is still another aspect of this case which should be commented upon.