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Case Basics
Docket No. 
Jose Tolentino
New York
Decided By 
(for the petitioner)
(for the respondent)
(Assistant to the Solicitor General, Department of Justice, for the United States as amicus curiae, supporting the respondent)
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.


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?


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

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TOLENTINO v. NEW YORK. The Oyez Project at IIT Chicago-Kent College of Law. 25 August 2015. <>.
TOLENTINO v. NEW YORK, The Oyez Project at IIT Chicago-Kent College of Law, (last visited August 25, 2015).
"TOLENTINO v. NEW YORK," The Oyez Project at IIT Chicago-Kent College of Law, accessed August 25, 2015,