ALBANY, N.Y. (AP) — New York State Police can impound a borrowed car when the driver is arrested at a traffic stop instead of letting a licensed passenger drive it away, New York’s top court ruled Monday.
The Court of Appeals upheld Samuel Walker’s conviction and prison sentence of three-and-a-half years for the handgun found on the floorboard when the car was searched for inventory.
He was stopped in October 2009 in Buffalo, driving his sister’s car. The trooper said his passenger, later identified as Walker’s girlfriend, wasn’t wearing a seatbelt. Walker was initially arrested for misdemeanor aggravated unlicensed driving since his license was revoked due to an insurance lapse.
The court unanimously rejected Walker’s argument that the impoundment and search were unreasonable since the trooper didn’t ask whether his passenger was licensed and authorized to drive the car.
According to the court, there have been other inconsistent rulings in similar cases. The six judges said an impoundment search must be done according to procedures preventing police abuse, while acknowledging the State Police written policy was never put into evidence here.
Calls to state police about the policy were not immediately returned.
- Posted November 20, 2012
- Tweet This | Share on Facebook
Court upholds impounded car, gun charge
headlines Detroit
- Wayne State University Law School to honor four distinguished alumni and faculty member at 2026 Alumni Wall of Fame ceremony
- Supreme Court aims to increase access for people who cannot afford a lawyer
- Voters had a big win at the Supreme Court this week. What does it all mean?
- Daily Briefs
- Five Michigan Law 3Ls selected for Dow Sustainability Fellowship Program
headlines National
- Lindsay Clancy trial shows how hard it is to prove intent retroactively
- Is there a religious right to abortion? State supreme court will weigh in
- Harvey raises $550M in latest round of funding
- Vanderbilt law students will gain access to AI-powered deposition simulations
- Federal judges’ interns may accept stipends from law firms, ethics panel says
- Former lawyer who pulled gun on ex-wife in restaurant convicted of attempted murder




