An issue that comes up very frequently in New York criminal cases is “when may the police properly stop a vehicle”? The intuition or hunch of an officer, even if it thereafter turns out to be correct, cannot justify a stop. Absent at least a reasonable suspicion that its occupants…
Many times police will encounter a vehicle with someone sleeping in the driver’s seat. This often leads to arrests for DWI related charges. The issue in such a situation is whether the police may approach that vehicle, awaken the driver and thereafter ask the driver to exit the vehicle. As…
In New York, a stop of a vehicle on a public roadway is a seizure and must be based upon reasonable suspicion of criminal activity or a violation of the Vehicle and Traffic Law. People v. Ingle, 36 N.Y.2d 413, 369 N.Y.S.2d 67 (1975). Many times, a vehicle stop is…
In New York, the police may not stop your vehicle solely to ask you questions regarding the whereabouts of an individual wanted in connection with a past crime. In People v. Spencer, 84 N.Y.2d 749 (1995), the defendant was convicted of Criminal Possession of a Weapon in the Third Degree…
One of the first lines of defense in any New York criminal case involving evidence found during a car stop is whether the search of the car was constitutional. In New York, where a vehicle is stopped for a traffic infraction, it is improper for the police to ask for…
An issue sometimes arises in New York when the police stop a vehicle for a traffic violation or other legitimate reason but continue to detain the driver after the ticket has been issued or other legitimate police concerns have been addressed. Where a driver is stopped for a traffic infraction…
One of the first questions I ask a defendant charged with Driving While Intoxicated, Driving While Ability Impaired or Driving While Ability Impaired by Drugs or any type of possession crime such as drugs or guns, is what brought about his or her initial contact with the police. If their…
New York criminal defense attorneys know that a Desk Appearance Ticket (DAT) can be your best friend. Its great for the attorney who doesn’t have to go to Court in the middle of the night to do an arraignment, its great for the client who doesn’t have to be locked…
If you a charged with an offense such as Driving While Intoxicated, weapons offense (guns, etc) or controlled substance offense (cocaine, crack, marijuana etc), one of the first areas a criminal defense attorney will look at is why the police stopped you in the first instance. In other words, what…
In a case involving a New York City drug case, the Appellate Division held that a police officer may request the driver’s license and pedigree of an individual sitting in the driver’s seat of a vehicle parked in front of a fire hydrant. People v. Thomas, 19 A.D.3d 32, 792…