In a recent opinion from a New York court, a defendant’s motion to suppress was denied. The defendant was charged with criminal possession of a weapon after police arrived at his building to investigate a domestic disturbance. He argued on appeal that the officers who found the gun violated his privacy rights by entering into his private residential building. The court disagreed, denying his appeal and sustaining his verdict.
Facts of the Case
According to the opinion, police arrived at the defendant’s house after having received a call from the defendant’s father-in-law reporting that he was choking his wife. Officers arrived at the scene and, because they were unable to make contact with the defendant, positioned themselves outside of the apartment building in a nearby alley. Meanwhile, the defendant opened his second-floor window and threw a black backpack into the window of a neighboring building. He came out onto his porch to speak with the officers and stated several times that he had a gun.
Suddenly, the defendant raised what appeared to be a gray-colored object toward the officers, and officers shot him two times. While he was transported to the hospital, the officers searched inside the black backpack and recovered a rifle and ammunition.