The following excerpt is from People v. Hall, 54 N.Y.S.3d 611 (Table) (N.Y. Cty. Ct. 2016):
Secondly, the search occurred several minutes after the defendant's arrest and therefore did not occur "contemporaneously" with the arrest (People v. Gokey, 60 N.Y.2d at 312, 469 N.Y.S.2d 618, 457 N.E.2d 723 ).
Thus, the officers were required to secure a warrant before searching the defendant's bag, even though such a requirement creates a "perverse incentive." (Arizona v. Gant, 556 U.S. 332, 362 [2009] [Alito, J., dissenting]: "the rule would create a perverse incentive for an arresting officer to prolong the period during which the arrestee is kept in an area where he could pose a danger to the officer," as quoted in People v. Luna, 35 Misc.3d 1204[A] [NY Sup 2012] ).
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