People v. Camacho

BRONX COUNTY
Criminal Practice

, New York Law Journal

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Judge John Wilson

Camacho, charged with operating a motor vehicle while under the influence, sought to reargue probable cause for his arrest, and to dismiss the complaint. He alleged prosecutors failed to show he was operating a motor vehicle at the time of the offense. Prosecutors sought to reargue suppression of Camacho's second statement, and a photograph of a beer can found inside the vehicle. The court found there was sufficient evidence of Camacho's operation of a vehicle to provide officers with probable cause for his arrest, including the strong smell of alcohol emanating from the vehicle, Camacho's bloodshot eyes, and the key being in the ignition with the engine running. It stated absent evidence the engine was running for a reason other than Camacho's intent of driving it, reargument and dismissal were denied. The court also reaffirmed its suppression of a second statement by Camacho regarding the beer and photograph finding the officer's failure to preserve the evidence—the beer can—warranted suppression of the photograph of such unpreserved evidence. It also reaffirmed suppression of Camacho's statement regarding such item.

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