When a judge warns that losing at trial could mean forty-five years behind bars for a series of burglary charges, even the most confident defendant will think twice about exercising the right to a jury. That was the scenario facing twenty-three-year-old Marquese Scott, who accepted a six-to-eight-year offer on three…
In a recent case before a New York criminal court, a police officer followed a suspect from the public street into her driveway when he suspected that she was driving while impaired. The officer asked the suspect to step out of her garage after she parked her vehicle. At that…
In the state of New York, case law is clear that police officers have the right to approach parked cars for any “objective, credible reason.” This gives officers significant leeway to at least approach vehicles that are stopped and parked. When, though, can the officer demand that the car’s occupant…
In New York, it is well established that to legally stop a vehicle, a police officer must have reasonable suspicion, based on objective evidence, that the car’s occupants were involved in a crime. Courts go back and forth on what it means for an officer to have “reasonable suspicion.” If…
During litigation, it is common for one party to have an expert testify in support of their case. In criminal cases, the state will sometimes try to qualify an arresting police officer as an expert in a certain area, which can bolster the officer’s credibility before the court. What does…
In the state of New York, it is well established that when police officers have a valid warrant from a judge, they are legally allowed to search a resident’s private property whether the resident likes it or not. What happens, though, if the officers do not have a warrant? Can…
As we have often discussed, one powerful tool that criminal defense attorneys can employ is the motion to suppress incriminating evidence. When a trial court grants a defendant’s motion to suppress, the jury never sees the evidence that the defendant has asked the court to keep out of the trial…
If you drive on the roads of New York, you are automatically susceptible to police-initiated traffic stops for traffic violations. There is much debate, however, about what circumstances can lead an officer to have “reasonable suspicion” to stop a driver for a traffic stop. Without reasonable suspicion that some law…
In some criminal cases, officers impound a suspect’s car after they conduct a traffic stop. Is this allowed? When can an officer impound a suspect’s vehicle under the law in New York? Recent case law helps clarify the answer to this very question. The standard under New York case law…
In a recent gun case before the New York Appellate Division, First Department, the defendant asked the court to reconsider the trial court’s denial of his motion to suppress. After reviewing the defendant’s argument, the higher court disagreed, ultimately concluding that the police officer searching the defendant’s bag was within…