New York Criminal Attorney Blog
An appellate court recently issued an opinion in a defendant’s appeal of his New York murder conviction. At the core of the defendant’s appeal is whether the officers who took him into custody had probable cause to arrest him. Before the police officers took the defendant into custody, they interviewed several witnesses, including two accomplices. The witnesses stated that the defendant killed the victim. One of the witnesses stated that they overheard a call the defendant made to another person during the murder. The witness recounted that during the call, the defendant stated that he was killing the victim by strangulation. The witness further explained that he overheard the defendant state that the victim was bleeding but not dying. The defendant motioned to suppress the informant’s statements, and the court conducted a combined Huntley and Dunaway hearing.
In New York, defendants may argue various motions when they believe that police did not abide by the proper procedures to get evidence in the case. Among the most common examples of motion to suppress hearings are Huntley and Dunaway hearings. Huntley hearings are proceedings to determine the admissibility of a defendant’s statement. During these proceedings, a criminal defendant’s attorney may argue that the defendant’s statements were made against their will due to pressure, threats, trickery, or without Miranda warnings. A Dunaway hearing is a motion to suppress evidence that authorities obtained from an illegal arrest or detention.
Arrests and detentions can stem from many different situations; in some cases, an officer witnesses a crime, and in other situations, someone reports the incident. The reporting individual may be a citizen informant, an anonymous tipster or an accomplice. Citizen informants are those that provide information and their identity, which constitutes the basis for probable cause. An anonymous tipster provides information about a crime but not information about themselves. Courts generally favor testimony from a citizen informant compared to that of an anonymous tipster. Anonymous informant’s tips often need substantiation and are often regarded as less reliable. Tips from accomplices who are informing to curry favor with the prosecutor may similarly require corroboration.
In this case, the court held that there was probable cause to arrest the defendant. Here, the information the accomplices supplied went against their own interest in addition to the that of the defendant and an additional witness came forward. Therefore, in examining the totality of the circumstances, the court appropriately found that the arresting officers had probable cause.
Have You Been Arrested For a New York Criminal Offense?
If you have been arrested for a New York criminal offense, contact Tilem & Associates for assistance. Our knowledgeable, respectful, and skillful criminal defense attorneys can help you preserve your rights and ensure that you receive zealous representation. For over 25 years, we have been successfully representing clients in their New York assault and battery charges, drug and narcotics offenses, probation violations, domestic charges, and more. Our office has a strong support team that provides us with the ability to dedicate time to preparing a personalized defense on your behalf. To schedule a free consultation to learn more about how we can help you defend against the allegations you face, contact our law firm, to discuss your New York criminal case, at 877-377-8666.