A defendant recently challenged his convictions for possession with intent to deliver methamphetamine, use of drug paraphernalia, and unlawful possession of a firearm in the second degree (“UPF”). The convictions arose from a traffic stop, which the defendant argued was pretextual. He also challenged his UPF conviction on constitutional grounds.
According to the appeals court’s opinion, a police officer on patrol saw a parked vehicle pull out without signaling. The bumper obscured the front plate and the rear plate light was not working. He stopped the vehicle and identified the driver as the defendant.
The officer saw drug paraphernalia in an open bag on the seat. The defendant consented to a search of the vehicle, but revoked that consent. The officer obtained a warrant and seized evidence from the vehicle, including a handgun, controlled substances, and drug paraphernalia.