In a recent case coming out of a New York court, the defendant appealed his guilty conviction for criminal possession of a weapon in the second degree. Officers searched for this weapon only because they had previously smelled marijuana in the defendant’s car, making them suspicious of additional drug or…
In a recent opinion from a New York court in a New York drug case, the defendant’s appeal of his conviction for drug possession was denied. Originally, the defendant was arrested after officers found heroin in his vehicle, but he filed a motion to suppress the incriminating evidence. The lower…
In a recent New York drug case, the defendant’s attempt to appeal his guilty verdict was unsuccessful. On appeal, the defendant argued that the lineups used to identify him as a drug dealer were not in line with proper procedures, and thus that the decision should be reversed. The court…
In a recent New York case involving a defendant who was convicted of possession of a controlled substance and criminal possession of a weapon, the court reversed the original lower court’s guilty verdict. On appeal, the defendant argued that incriminating evidence found by police officers should have been suppressed since…
In a recent opinion from a New York court involving a New York drug possession charge, the defendant’s appeal was denied. The defendant made two arguments in hopes of fighting the original guilty verdict: 1) that the confidential informant who provided incriminating information against him was unreliable, and 2) that…
Recently, a New York court denied a defendant’s motion to suppress incriminating evidence in a drug case. The defendant was originally charged with criminal possession of marijuana: the main evidence used against him in court was marijuana that an officer found after conducting an external canine search of his vehicle.…
The Fourth Amendment to the United States Constitution protects residents from unreasonable search and seizure of themselves and their property by law enforcement. The protections afforded by the Fourth Amendment are generally understood to be the strongest when the home of a suspect is involved. The New York Court of…
The Fourth Amendment of the Constitution is the amendment that protects individuals against unreasonable searches and seizures at the hands of law enforcement. This constitutional protection is typically understood to require that an officer have a warrant before conducting a search. However, over time the courts have interpreted the Fourth…
Recently, a state appellate court issued an opinion reversing a lower court’s decision which denied a defendant’s motion to suppress the drugs that were recovered in a New York drug case. The case involved a traffic stop conducted by police officers who were investigating information that a vehicle would be…
The Fourth and Fourteenth Amendments to the U.S. Constitution prohibit law enforcement officers from unreasonably searching or seizing persons or property from citizens in the United States. This is an issue that should be explored by criminal defense lawyers who represent those charged with possessing contraband such as drug offenses…