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Articles Posted in CRIMINAL PROCEDURE

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NEW YORK SEARCH & SEIZURE – A PHONE TIP REPORTING A CAR DRIVING ERRATICALLY BY ITSELF IS INSUFFICIENT TO JUSTIFY POLICE STOPPING THE CAR [People v. Royko]

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…

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REASONABLE SUSPICION TO STOP A VEHICLE: POLICE APPROACH PARKED CAR AND IT PULLS AWAY

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…

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NEW YORK SEARCH AND SEIZURE – POLICE MAY REQUEST LICENSE AND PEDIGREE INFORMATION FROM PERSON IN DRIVER’S SEAT OF A VEHICLE PARKED IN FRONT OF A FIRE HYDRANT

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…

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NEW YORK SEARCH AND SEIZURE – SLOW DRIVING IN HIGH CRIME AREA AT NIGHT, WITHOUT MORE, INSUFFICIENT TO ESTABLISH REASONABLE SUSPICION – GUN, CLIP AND BULLETS SUPPRESSED

In any New York criminal case where the prosecution has obtained evidence such as guns or narcotics, that they intend to introduce at trial, one of the first areas a criminal defense attorney will explore is why the police stopped/seized and searched the defendant, his home, his vehicle etc. If…

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NEW YORK SEARCH AND SEIZURE LAW – OFFICER’S OBSERVATION OF KNOWN MALE PROSTITUTE ENTERING VEHICLE IMPROPER BASIS FOR STOP OF VEHICLE. EVIDENCE OF INTOXICATION SUPPRESSED.

A police officer may not stop your vehicle based upon hunches or gut feelings. A vehicle may only be stopped if the officer has reasonable suspicion of a violation of the law or in accordance with nonarbitrary, nondiscriminatory, uniform procedures, such as at roadblocks, checkpoints and weighing stations. In People…

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NEW YORK SEARCH AND SEIZURE LAW – STREET ENCOUNTERS WITH THE POLICE IN NEW YORK – The Four Levels of Intrusion

As discussed in the previous blog New York police are limited in the way they interact with civilians that they encounter on the street. If the police overstep their authority an experienced criminal defense attorney can use the police conduct to get evidence in a case suppressed. Below are the…

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NEW YORK SEARCH AND SEIZURE LAW – STREET ENCOUNTERS WITH THE POLICE IN NEW YORK

In New York, a large body of law has developed around police interaction with civilians that they encounter on the street. When may a police officer approach you for information, question you about criminal activity, detain you and finally, arrest you? Experienced New York criminal defense lawyers must be well…

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New York Defense Lawyer Peter Tilem Quoted by the Associated Press on Brooke Astor Story

Tilem & Campbell senior partner, Peter Tilem was quoted by the Associated Press over the weekend in an article about Brooke Astor’s son, Anthony Marshall. Marshall was convicted on October 8, 2009 of several counts including Grand Larceny in the First Degree for looting his mother’s estate. Grand Larceny in…

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