In 2010 , the New York State Legislature passed a law raising taxes on cigarettes purchased in New York City to $ 5.85 per pack of 20 cigarettes . Fast-forward four years : A U.S. senator is blaming the politician that created that law for the chokehold death of Eric Garner , an unarmed black man , by a white police officer in New York City in July 2014 . `` I do blame the politician , '' Sen. Rand Paul , R-Kentucky , explained on MSNBC 's `` Hardball . '' `` We put our police in a dangerous situation with bad laws . '' Garner died after a police officer put him in a chokehold while trying to arrest him for selling tax-free cigarettes . The police officers at the time were unaware of Garner 's pre-existing health conditions that likely helped lead to his death . On Wednesday , Paul said Garner 's death would have been prevented if the law creating New York City 's high cigarette taxes -- the highest in the country -- was n't created . `` I think it 's also important to know that some politician put a tax of $ 5.85 on a pack of cigarettes , '' Paul said . `` So they 've driven cigarettes underground so as not to make them so expensive . '' The likely Republican presidential hopeful continued , `` But then some politician also had to direct the police to say , 'Hey , we want you arresting people for selling a loose cigarette . ' And for someone to die over you know breaking that law -- there really is no excuse for it . ''
Sen. Rand Paul blames New York City 's high cigarette taxes for Eric Garner 's death . Score: 6 Garner was selling cigarettes on the street illegally when the police officers were confronting him .