People v. Miranda

In People v. Miranda, (19 NY3d 912 [2012]) while issuing a summons to defendant for trespass, a violation (see Penal Law 140.05), and questioning him about his presence in the park after hours, the police officer observed a knife on defendant's person and seized it. Although the police officer did not know beforehand, the knife turned out to be a gravity knife. The Court of Appeals affirmed the Appellate Division, First Department (76 AD3d 466 [2010]), and held that the officer was entitled to seize the knife from defendant when the officer saw the knife. The Court of Appeals specifically distinguished its holdings in Brannon and Fernandez stating: "The officer here, unlike the officers in those cases, was already engaged in a lawful encounter with defendant prior to spotting the knife, and was thus not required to have a reasonable suspicion that the knife he observed was a gravity knife before he took it." (19 NY3d at 914.)