People v. Rizwan

In People v. Rizwan, 165 Misc. 2d 985 (Crim. Ct. NY Co. 1995), the People argued that a suppression hearing should not be granted because the defendant had no privacy interest in the records of the DMV and therefore lacked standing to challenge the admissibility of such records. The court said that the defendant was seeking suppression of the mechanism by which his identity was revealed, thus leading to the discovery of the DMV records. Holding that the law imposes no requirement that a defendant establish an expectation of privacy in evidence deemed the fruit of government illegality, the court granted a hearing to determine whether the stop was legal and whether the DMV records were the product of an illegal seizure or whether their discovery was sufficiently attenuated from the underlying illegality and, thus, admissible.