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…
It is well-established in the United States that individuals have a constitutional right to privacy in their homes. Experienced New York criminal defense lawyers screen cases for illegal searches and seizures. Under certain circumstances, though, police officers can obtain warrants from a court and search a private dwelling as part…
In both the state of New York and the United States more broadly, criminal defendants have the right to an attorney. If they cannot afford an attorney, the court will appoint an attorney for them. Defendants do have the option, though, of requesting to appear pro se, meaning they can…
In criminal trials, juries must reach unanimous verdicts, which means all jurors must find a defendant guilty in order for the defendant to receive a guilty verdict. In a perfect world, jurors are able to deliberate and come to a verdict without the influence of the judge’s opinion regarding the…
As we have written extensively, discovery is a large part of the criminal process. In a recent case before a New York appeals court, the parties asked the court to address whether certain changes to New York procedural standards, that is the new discovery laws, affected cases that were already…