In a recent case before a New York court of appeals, the defendant appealed his conviction of criminal sale of a controlled substance in the first degree and criminal possession of a weapon in the second degree. On appeal, the defendant argued that the officers’ search warrants were invalid and did not meet the correct legal standard that would have allowed the officers to reasonably search the defendant’s apartment. Looking at the warrants, the court of appeals ultimately disagreed, sustaining the defendant’s guilty verdict.
Facts of the Case
According to the opinion, a confidential informant told undercover police officers that the defendant had illegal substances and weapons in his apartment. The defendant had no idea the police were suspicious of him, and he thus was unaware they had secured warrants from a judge to search his two apartments.
Soon, however, the officers executed their search warrants and came into the defendant’s apartment unannounced. They recovered various items, including one loaded pistol, heroin, fentanyl, and drug paraphernalia, immediately charging the defendant after having found these items.