Articles Posted in WEAPONS OFFENSES

In a recent gun case before the New York Appellate Division, First Department, the defendant asked the court to reconsider the trial court’s denial of his motion to suppress. After reviewing the defendant’s argument, the higher court disagreed, ultimately concluding that the police officer searching the defendant’s bag was within his rights when he searched the bag and found a firearm.

Facts of the Case

According to the opinion, local officers received a 911 call describing an individual with a firearm at a nearby gas station. Officers arrived at the station and immediately saw the defendant, who matched the suspect’s description. When the officers told the suspect to remain still, the suspect began fleeing the scene. They handcuffed the suspect then searched his bag, noticing that the backpack felt particularly heavy. The officers searched the bag and found a gun. The defendant was later charged with criminal possession of a weapon, and a jury found him guilty as charged.

The Decision

On appeal, the defendant argued that the trial court should have granted his motion to suppress the gun, claiming that the police search of his back pack was an unconstitutional search.  The higher court, though, noted several parts of the interaction between the officers and the defendant that warranted their search of his bag. To start, the defendant matched the description of the suspect in the 911 call. Also, the defendant immediately ran when the officers spoke to him. Lastly, the 911 call had come in only a couple of minutes before the officers picked up the bag, which made it reasonable for them to believe the gun might have been inside the bag.

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In a recent New York gun case, the Court upheld a warrantless search of a defendant’s bag.  Under New York law, when a police officer does not have prior approval from a judge, the officer is still allowed to search and seize a person’s private property under certain limited circumstances. One of these situations is when the officer has a reasonable basis to believe that there is an emergency, and that a search or seizure is necessary to quickly protect the public from harm. Courts can vary on what it means for an officer to have this “reasonable basis” to believe an emergency exists.

Case Before New York Court

In a recent case before the Supreme Court of New York, First Department, the defendant argued that a police officer unreasonably searched his personal bag. The officer had found a weapon in the bag, and the defendant later faced charges for and a conviction of criminal possession of a weapon. The defendant’s argument on appeal centered on the fact that the officer did not have a basis to search his private property, given that he had not given the officer permission and that the officer had not obtained a warrant from a judge. The search, argued the defendant, was therefore unreasonable and an infringement on his constitutional rights under the Fourth Amendment.

The Emergency Doctrine

The court disagreed with the defendant, ruling instead that the officer could indeed search the defendant’s bag under New York’s emergency doctrine. There were several reasons the officer had a “reasonable basis” to believe there was an emergency: the officer was responding to a nearby radio call indicating a suspect matching the defendant’s description had a gun; a woman nearby was yelling that the defendant had a gun; and the defendant fled the scene when the officer approached.

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In a recent case before a New York appellate court, the defendant successfully appealed his conviction of criminal possession of a weapon. The defendant originally faced charges after an officer found a .45 caliber gun in his vehicle’s center console. His case went to trial, and a jury found him guilty. On appeal, however, the defendant successfully argued that the trial court unreasonably allowed the prosecution to introduce evidence of his past crimes during the proceedings. The higher court, agreeing with the defendant, vacated the trial court’s order.  Generally, evidence of prior bad acts may not be used against a defendant with very limited exceptions.

Facts of the Case

According to the opinion, an officer pulled the defendant over one morning because of an illegal U-turn. The officer approached the defendant’s car and immediately smelled marijuana. He took the defendant and his passenger to the station, later finding a .45 caliber gun in the defendant’s console along with three handguns in the back.

The defendant’s case went to trial, and during the trial, the prosecution introduced evidence of two prior incidents on the defendant’s record – a 2006 uncharged crime and a 2007 misdemeanor for weapon possession. The jury ultimately returned a guilty verdict.

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In a recent case decided in a New York appellate court, the defendant unsuccessfully appealed his conviction for criminal possession of a weapon in the second degree. On appeal, one of the defendant’s main arguments was that the trial court had improperly denied his motion to suppress; according to him, evidence of the gun he possessed was unfairly used against him during trial and that under the exclusionary rule the fruit of an unlawful search should not be used as evidence. Disagreeing with the defendant, the court denied the appeal.

Facts of the Case

The opinion included a retelling of the following facts: the defendant in this case was in his car one day in 2017 when the police pulled him over. According to the opinion, the police had received a 911 call that the defendant, who was a parolee wanted on an outstanding warrant, had been spotted as a passenger in a certain vehicle. The officers tracked down the car and followed it, eventually pulling the defendant over to investigate.