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Tolentino v. New York

Case Date: 03/21/2011
Docket No: none

Facts of the Case 

Jose Tolentino was pulled over for playing his music too loudly. The officer ran a check on Tolentino's DMV files and discovered that not only was his license suspended, but it had also been suspended at least 10 times prior. Tolentino was arrested and charged with first-degree aggravated unlicensed operation of a motor vehicle. He pleaded guilty in exchange for five years' probation. He later appealed, claiming his driving record should have been suppressed, because the police stop and subsequent DMV record search were illegal. The Court of Appeals of New York, the state’s highest court, disagreed and upheld his sentence.

Read the Briefs for this Case
  • Brief of the New York State Association of Chiefs of Police, Inc. And the New York State Sheriffs’ Association Institute, Inc. as Amici Curiae In Support of Respondent
  • Brief Amicus Curiae of the Criminal Justice Legal Foundation In Support of Respondent
    • Question 

    Can an individual's motor vehicle records be used as evidence if the police consulted those records only after making an illegal stop of the individual's vehicle?

    Argument Tolentino v. New York - Oral ArgumentFull Transcript Text  Download MP3Tolentino v. New York - Opinion AnnouncementFull Transcript Text  Download MP3 Conclusion 

    In a per curiam opinion, the case was dismissed as improvidently granted.