Car Impoundment Unlawful, Resulting in Dismissal of Six Felony Counts
Mr. McClarin was convicted in Queens of various drug and weapon counts following the police impoundment and search of his car. On appeal, he challenged the suppression court ruling that the impoundment and search were legal and proper, contesting the prosecution had failed to meet the required standards.
The Appellate Division agreed, ruling that the physical evidence should have been suppressed. The Court noted that the arresting officer equivocated about whether the car was legally parked and that he failed to testify as to the posted time limits for the parking spot. Furthermore, although the testifying officer claimed that impoundment was necessary “for further investigation,” there was no evidence of any history of burglary or vandalism in the area where the car had been pulled over. The prosecution also failed to present any evidence about a Police Department policy regarding impoundment. Because without the recovered physical evidence there was no sufficient evidence as to the weapon and drug counts, those counts were dismissed and the related sentences were vacated.
Sankeerth Saradhi represented Mr. McClarin