Earlier this month, a federal court in New York issued an opinion in a burglary and larceny case, ruling on the defendant’s appeal of his motion to suppress. According to the defendant, the lower court had mistakenly denied his motion to suppress physical evidence as well as statements he made…
Articles Posted in Search and Seizure
Successfully Moving to Controvert a Search Warrant – Evidence Suppressed and Case Dismissed
As we have discussed in the past often in New York criminal cases suppression of the evidence may be your best (or only defense. As has been widely reported in the media, all charges were recently dismissed against one of our clients after the Court granted our motion to controvert…
New York Court Denies Defendant’s Appeal in New York Firearm Case, Rejecting Defendant’s Motion to Suppress Physical Evidence
In a recent opinion decided in a New York appellate court, the defendant unsuccessfully appealed his New York firearm case. The defendant was originally found guilty of criminal possession of a weapon in the second degree and unlawful possession of pistol ammunition. When evaluating the defendant’s appeal, the court used…
New York Court Grants Defendant’s Motion to Suppress in Firearm Case
In a recent New York gun crime case decided by a New York City trial court, one of two defendants filed a motion to suppress incriminating evidence. The court, looking at the circumstances surrounding the case, granted the defendant’s motion after considering the fact that the police officer that found…
New York Court Partially Sides with Defendant in Drug and Firearms Case
Recently, a New York court denied a defendant’s motion to suppress incriminating statements but granted his request for a new hearing in a drug and firearms case. The defendant had been indicted and tried for possession of firearms and controlled substances, but he appealed the verdict by saying that his…
New York Court Vacates Defendant’s Escape Conviction, Concluding Police Officers Were Not Actually Faced with an Emergency Situation
Recently, a New York court vacated a defendant’s criminal escape conviction after he challenged the lower court’s suppression ruling. Originally, the defendant was convicted after police officers claimed they had no choice but to search the defendant’s drawstring backpack since they were faced with an emergency situation that posed an…
Scathing Dissent Submitted by New York Appellate Judge in Fourth Amendment Case
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…
Court Discusses Admissibility of Defendant’s Statements to Police in Recent New York Robbery Case
Recently, a state appellate court issued a written opinion in a New York robbery case involving a defendant’s motion to suppress statements he made to law enforcement. Specifically, the case required the court determine if the defendant’s statements were admissible or whether they were the product of a violation of…
New York Court Refuses to Suppress Drug Evidence Found During Warrantless Vehicle Search
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…
New York Court Affirms that Tips Called in to 911 Must Be Reliable to Justify a Warrantless Stop
In many cases, such as gun cases or drug cases, law enforcement agencies rely on the public to report criminal or suspicious activity to the police or emergency phone line. Tips received by police from the public can help an officer form reasonable suspicion that someone has committed, is committing,…