Earlier this month, a state appellate court issued a written opinion in a New York drug case discussing the validity of the search that resulted in the discovery of narcotics. The case required the court to discuss the protections afforded by the Fourth Amendment to the United States Constitution and whether they necessitated suppression of the evidence seized by police.
Police must follow the requirements of the United States and New York constitutions when investigating crime and making arrests. If they fail to do so, or otherwise violate a defendant’s rights, any evidence they obtain cannot be used against the defendant at trial.
The Facts of the Case
According to the court’s opinion, the defendant was under investigation when he admitted to the police that he had synthetic cannabinoids in his home. Under New York law, the possession of synthetic cannabinoids was not illegal under criminal statutes, however, it was a violation of the State Sanitary Code. Relying on the defendant’s admission, police officers secured a search warrant to search the defendant’s home. Upon doing so, police recovered morphine tablets and brass knuckles, both of which are illegal to possess.