New York Criminal Attorney Blog
If you are arrested in New York after police recover a weapon from a vehicle, whether you can challenge that evidence depends on whether you had a legal expectation of privacy in the car. A recent decision from the Appellate Division, Second Department, makes clear that passengers without ownership or control of the vehicle usually cannot contest the search unless the person is being charged under a statutory presumption. The court reversed a trial court ruling that had suppressed a firearm found under a passenger seat and allowed prosecutors to use the evidence at trial.
What The Court Decided
The case began when police stopped a vehicle in Queens. During the stop, a detective testified that he saw the passenger move his hands between his legs and place an item under his seat. After the passenger was removed from the car, the detective looked through the windshield and saw the barrel of a firearm sticking out from under the passenger seat in plain view. The trial court initially ruled that the weapon should be suppressed, holding that the passenger could challenge the search.
On appeal, the Second Department disagreed. The court explained that passengers without ownership or possessory rights in a car have no legitimate expectation of privacy in the vehicle’s interior. Since the prosecution did not rely on statutory presumptions but on the officer’s direct observation, the passenger lacked standing to suppress the gun. The court held that the stop itself had already been found lawful and that the firearm was lawfully seized.
Why Standing Matters In Suppression Hearings
Standing refers to whether you have the right to challenge a search or seizure in court. In vehicle cases, courts limit standing to drivers, owners, or individuals who can demonstrate some legitimate control over the vehicle. Simply being a passenger is not enough. If the prosecution relies on direct observation, as it did here, you may not be able to suppress evidence even if it was found near you.
For you, this means that when facing gun possession charges as a passenger, your defense strategy must focus on other issues, such as whether the stop was lawful, whether the officer’s testimony is credible, or whether prosecutors can prove actual possession beyond a reasonable doubt.
How This Decision Affects Gun Possession Cases
New York courts continue to treat gun possession seriously. Even after the Supreme Court’s Bruen decision, state courts have upheld the constitutionality of possession statutes. That means prosecutors remain free to charge and seek significant penalties when firearms are recovered during stops. This case confirms that attempts to exclude evidence will not succeed when the defendant lacks standing to challenge the search.
This ruling matters to you if you are charged as a passenger in a vehicle where a weapon is found. Unless the police relied on statutory presumptions of possession, you may not be able to contest the search itself. Your lawyer must instead develop other strategies to weaken the prosecution’s case.
Tilem & Associates Can Defend You Against Gun Charges
If you were arrested in New York after a firearm was recovered from a car, you need experienced legal counsel immediately. Whether you can challenge the search, attack the officer’s testimony, or dispute the possession element of the charge requires careful review of the facts. At Tilem & Associates, P.C., we represent clients across New York facing weapons charges, suppression hearings, and serious felony trials. We know how courts analyze standing and how to protect your rights at every stage.
Call Tilem & Associates, P.C. today to schedule a confidential consultation. Our team will review your case, explain your options, and fight aggressively to protect your future.