Incident

Incident Description

Rochester Police Officer William Mason stopped the victims car after allegedly noticing that a taillight was out. Officer Mason and his partner entered their patrol car, sped up and stopped the vehicle. After issuing two appearance traffic tickets to defendant, one for a violation of Rochester's excessive vehicle sound ordinance, Mason asked the defendant to exit his car and sit in the back of his patrol car while defendant's car was searched and towed. Defendant was not under custodial arrest at that time, and the officer had no intention of taking defendant into custody. Rather, Officer Mason concluded that he was required to tow defendant's car because Rochester's City Code mandates the impoundment of a vehicle when its driver is cited for violating the city's excessive vehicle sound ordinance. Before it was towed, Officer Mason and his partner conducted an inventory search of defendant's car. During the inventory search, the police found a loaded shotgun and extra ammunition in the trunk of defendant's car. Defendant was then arrested, taken into custody, and charged with the prohibited possession of a firearm

Outcome

The impoundment and concomitant search of defendant's automobile, conducted without probable cause or a constitutionally permissible community caretaking purpose, violated the New York State and United States Constitutions. Rochester City Code is unconstitutional insofar as it authorized the impoundment of defendant's automobile in this case. The evidence seized as a result of the unlawful seizure and search of defendant's must therefore be suppressed.