New York CPL 140.10(1)(a) - Example Case

In People v. Bothwell, 261 AD2d 232, 690 N.Y.S.2d 231 [1st Dept 1999], the hearing court granted the defendant's motion to suppress. In granting the defendant's motion, the hearing court rejected the testimony that the arresting officer observed the defendant drink from a bottle, and found that the defendant possessed a bottle (id. at 233). In reversing the hearing court's decision and remanding the case for reconsideration, the First Department held that pursuant to CPL 140.10[1][a], a police officer is authorized to arrest a person for any offense when he has "reasonable cause to believe that such person has committed such an offense in his presence" (id. at 233).