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 his rights when he searched the bag and found a firearm.
Facts of the Case
According to the opinion, local officers received a 911 call describing an individual with a firearm at a nearby gas station. Officers arrived at the station and immediately saw the defendant, who matched the suspect’s description. When the officers told the suspect to remain still, the suspect began fleeing the scene. They handcuffed the suspect then searched his bag, noticing that the backpack felt particularly heavy. The officers searched the bag and found a gun. The defendant was later charged with criminal possession of a weapon, and a jury found him guilty as charged.
The Decision
On appeal, the defendant argued that the trial court should have granted his motion to suppress the gun, claiming that the police search of his back pack was an unconstitutional search. The higher court, though, noted several parts of the interaction between the officers and the defendant that warranted their search of his bag. To start, the defendant matched the description of the suspect in the 911 call. Also, the defendant immediately ran when the officers spoke to him. Lastly, the 911 call had come in only a couple of minutes before the officers picked up the bag, which made it reasonable for them to believe the gun might have been inside the bag.
Because of these facts, the court affirmed the lower court’s ruling. The defendant’s conviction and sentence remained in place. The case serves as a vital reminder that fighting a motion to suppress at the trial court level requires expert and aggressive representation, and it is crucial to use these motions to your advantage to give yourself the best possible chance of getting your evidence suppressed. This can, in turn, exclude key evidence that the State plans on using against you, which can only end up helping your case.
Do You Need a New York Firearms Attorney in Your Corner?
If you are facing firearm charges in the state of New York, know you don’t have to go it alone. In cases like these, the State will use every possible piece of evidence against you, and it is crucial that you have experienced, diligent representation to help you fight the prosecution’s scare tactics. At Tilem & Associates, we have a team of New York firearms attorneys that are ready and willing to step in, with the goal of ensuring that you do not compromise your rights or your freedoms.
For a free and confidential consultation with a New York firearms attorney at Tilem & Associates, you can reach us at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach back out as soon as possible regarding next steps.