Last month, a New York defendant in a firearms possession case successfully appealed an unfavorable decision from the lower court. Originally, the trial court had denied the defendant’s motion to suppress the gun in this case, which was found by the two officers that arrested the defendant. The defendant argued that officers actually did not have legal grounds to search him, and the trial court disagreed. On appeal, however, the higher court reversed this decision, ruling that the officers unlawfully searched the defendant on the night in question. As we have discussed on many occasions, suppression motions are often the best way to challenge gun possession cases.
Facts of the Case
According to the opinion, the defendant was sitting in a grassy area outside of a vacant house one evening. Police officers patrolling the area noticed that the defendant had an open container of alcohol, and they approached him to issue a citation for the offense.
As the officers approached, the defendant jumped up and attempted to run away. One of the officers tackled the defendant, and he was placed in handcuffs. The officers then arrested the defendant for violation of the local open container ordinance and for obstructing governmental administration. While officers were patting the defendant down, they found a gun on him and charged him with criminal possession of a firearm as well.