New York Court of Appeals
The People of the State of New York, Respondent v. Azim Hall, Appellant
March 25, 200810 N.Y.3d 303
Summary
The New York Court of Appeals held that a visual body cavity inspection of an arrestee is permissible when the police have reasonable suspicion supported by specific facts, but the subsequent manual removal of an object from the cavity requires a warrant unless exigent circumstances exist. The Court reversed the Appellate Division and granted the defendant's motion to suppress the drugs, dismissing the indictment. Justice Smith dissented, arguing the seizure was lawful, while Justice Ciparick concurred in the result but would require a warrant for visual cavity inspections.