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09-11556 TOLENTINO V. NEW YORK DECISION BELOW: 14 N.Y.3d 382 DISMISSED AS IMPROVIDENTLY GRANTED. CERT. GRANTED 11/15/2010 QUESTION PRESENTED: Whether pre-existing identity-related governmental documents, such as motor vehicle records, obtained as the direct result of police action violative of the Fourth Amendment, are subject to the exclusionary rule? LOWER COURT CASE NUMBER: 37
In the case of Jose Tolentino v. New York, 2010, the U.S. Supreme Court was asked to consider whether accessing an individual's driving record without a warrant during a traffic stop violated their Fourth Amendment rights against unreasonable searches and seizures. The petitioner, Jose Tolentino, had been pulled over for playing his car stereo too loudly and subsequently arrested when police discovered he had a suspended license after checking his DMV records. He argued that this constituted an unlawful search as there was no reasonable suspicion or probable cause to check his driving history at the time of the stop. However, in January 2011, the Supreme Court declined to hear Tolentino’s appeal without comment or dissent from any justices; thus upholding lower court rulings that such checks do not violate constitutional protections because they involve information already held by government agencies.
In the case of Jose Tolentino v. New York, there was no formal dissenting opinion issued by any justice. The Supreme Court denied certiorari, meaning it refused to review the lower court's decision. Therefore, a summary of a dissenting opinion for this particular case cannot be provided as none exists on record.