Legality Car Seizure Based on a Bulletin Received by Police
In People v. Landy (59 NY2d 369 ), the police received a bulletin that identified a car that had been involved in several burglaries.
Relying on this information, the police approached the defendant's car and subsequently made a seizure.
A hearing was held on the legality of that seizure.
The Court of Appeals noted that as soon as it became apparent at the hearing that the prosecution relied on a radio bulletin, "defense counsel informed the court that she challenged the officers' conduct pursuant to People v. Lypka ... and that she sought an offer of proof by the People to support the hearsay information they relied upon in making the search and arrest.
Thus, the District Attorney had early notice of defendant's claim and an opportunity to come forward with the necessary evidence." (People v. Landy, 59 NY2d, at 374.)
This notice occurred on the "first day of the hearing" (id.), which obviously gave the People ample opportunity to address this issue and call an appropriate witness.