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Articles Posted in Search and Seizure

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A state court recently issued an opinion in a New York gun possession case requiring the court to determine if a gun found in the defendant’s motor home was the product of an illegal search. Ultimately, the court concluded that the defendant’s motorhome was afforded the same protection as any other residence, and that the warrantless search was not justified.

The Facts of the Case

Police received a call that someone was stealing electricity by connecting their motorhome up to a telephone wire. Police responded to the scene to see the defendant’s motorhome connected to a nearby telephone pole by a wire coming out of the top of the motorhome.

According to police, an officer knocked on the door of the motorhome. When the defendant answered, police asked him about the wire, and the defendant admitted it was not legal. Police then put the defendant in handcuffs and walked him toward the police car. On the way to the car, police claimed that the defendant said “there is a gun in there.” Another officer then went into the motorhome, located the gun, and confiscated it.

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Recently, a state court issued a written opinion in a case involving allegations that the defendant violated a New York order of protection. The case required the court to determine if the defendant was correct in asserting that the police entered her home without a warrant and without sufficient cause to do so. Ultimately, the court concluded that the police acted improperly, and thus any evidence obtained as a result should have been suppressed.

The Facts of the Case

The defendant had been previously placed on probation based on an unrelated matter. As a condition of that probation, the court issued an order of protection, requiring the defendant to stay away from a certain individual.

One day, police received a call from the downstairs neighbor of the defendant, stating that she heard noises in the apartment. This concerned her because she believed the defendant to have been incarcerated. Police verified that the defendant had previously been released from jail, but went to the apartment anyhow.

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