Earlier this month, a state appellate court issued a written opinion in a New York gun possession case discussing two important concepts that frequently come up in any case involving a possessory offense, including New York drug crimes. Ultimately, the court concluded that the police officers acted appropriately and it denied the defendant’s motion to suppress a gun that was found in the trunk of his car.
The Facts of the Case
The defendant was arrested and charged with criminal possession of a firearm after police officers discovered a handgun in the trunk of a car the defendant was driving. According to the court’s written opinion, the police officers claimed that they initially approached the vehicle to request information from another man whose entire upper body was inside the trunk. As the officers approached the car, they noticed a gun in the trunk in plain view. The officers seized the weapon and arrested the defendant.
The defendant filed a motion to suppress the gun, arguing that the police were not justified in their approach of the vehicle and anything stemming from that illegal approach should be suppressed. The trial court denied the defendant’s motion to suppress and the defendant appealed.