People v. Gonzalez, 39 N.Y.2d 122 (1976)

Facts

DEA agent made a controlled buy of narcotics from Gonzalez and returned to arrest him.  A scuffle ensued and Gonzalez’s wife locked the door and proceeded to discard cocaine.  When entering the apartment to detain both, approximately nine agents had arrived.  Mrs. Gonzalez’s mother and grandfather arrived but were asked to leave.  Gonzalez first consented to a search and his wife consented after Gonzalez.  A commercial quantity of drugs was discovered.

Procedural History

Gonzalez moved to suppress the drugs but was denied and the Gonzalezes were convicted.  The Appellate Division reversed.

Issue(s)

Did the trial court err in admitting the drugs on the basis that the consents given by the Gonzalezes were voluntary?

Holding(s)

Yes.

Reasoning/Analysis

The Court found that an important, although not dispositive, factor in determining the voluntariness of an apparent consent is whether the consenter is in custody or under arrest, and the circumstances surrounding the custody or arrest.  Under the circumstances, the apparent consent was induced by overbearing official conduct and was not an exercise of free will.

Judgment/Outcome

The Court affirmed the judgment of the Appellate Division.