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New York Criminal Attorney Blog

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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…

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New York Appellate Division Vacates or Reduces Several Sex Crime Convictions

When juries are given the ability to determine a defendant’s guilt, the stigma of the crimes alleged sometimes plays a larger factor in the jury’s decision than evaluation of the required elements of the crime. Because of this, it is extremely important in the administration of criminal justice that juries…

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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…

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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…

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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,…

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New York Court Denies Defendant’s Request to Suppress Statements Made After Hit and Run Accident

In a recent opinion from a New York court involving a leaving the scene of an accident, the defendant’s motion to suppress was denied. The defendant was convicted of aggravated unlicensed operation of a motor vehicle in the first degree and filed a motion to suppress several statements he made…

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