People v. Ramirez-Portoreal

In People v. Ramirez-Portoreal, 88 N.Y.2d 99 (1996) one of the three defendants was observed retrieving a paper bag from one of several boxes in a trash pile, withdrawing objects from that bag, and then placing the bag back into the box, which he left in the garbage. A second defendant was seen placing an item in a vehicle tailpipe. A third defendant was arrested on a bus, after his luggage, placed on the overhead rack, was searched and found to contain dime bags of heroin. The Court of Appeals held that neither of the first two defendants had any expectation of privacy in the place or item searched and they did not seek to preserve any privacy. However, in the third situation just described, the Court of Appeals found a sufficient expression of an expectation of privacy by the defendant, even though he denied ownership when questioned, and the Court remanded the case for a determination of the legality of the police conduct.