Earlier this month, a state appellate court issued a written opinion in a New York gun case discussing the concept of forced abandonment. Generally, when a defendant discards an item – such as narcotics or a gun – they lose any ability to argue for the item’s suppression. However, when…
Recently, we conducted a suppression hearing in New York County (Manhattan) Criminal Court, in a DWI case where the Court suppressed evidence that was found pursuant to an inventory search. Courts are increasingly scrutinizing inventory searches. In July, a state appellate court issued a written opinion in a New York…
On July 31, 2019, a state appellate court issued a written opinion in a New York drug case discussing whether police officers can search a person’s car if they smell marijuana. Ultimately, the court concluded that the search was permissible because the smell of marijuana gives rise to probable cause…
In either a New York drug-possession case or a New York Gun Possession case seeking suppression of the contraband can often be a defendant’s best defense. Earlier this month, a state appellate court issued an opinion in which the court reversed the defendant’s drug conviction, finding that the police did…
Often in a New York murder case the court may need to determine if the police officers’ recovery of the alleged murder weapon violated the defendant’s constitutional rights. Earlier this month, a state appellate court issued an opinion in a New York murder case requiring the court to determine that…
Prosecutors and Police officers routinely use confidential informants to gather information and perform controlled buys in narcotics cases, firearms cases or cases involving other contraband. Often, police will use what a confidential informant tells them to establish probable cause when they seek to obtain a search warrant. Thus, confidential informants…
Earlier this month, a state appellate court issued an opinion in a New York gun possession case, holding that the lower court improperly denied the defendant’s motion on the basis that he did not have standing to suppress the gun. The case also presented the issue of whether the lower…
When someone is arrested and charged with a serious New York crime, they are often subjected to pretrial incarceration. This may be because they are unable to afford bail on their new case, the Court held them without bail, or because they were on probation or parole at the time…
As a general rule, police officers cannot enter a home without a warrant. While exceptions do exist, they are somewhat rare and are better left for another blog post. Once a police officer obtains a search or arrest warrant, the officer must comply with all procedural guidelines governing the execution…
A police officer cannot stop a pedestrian or motorist for just any reason. New York criminal law requires that an officer possesses reasonable suspicion before initiating a pedestrian stop or motor-vehicle stop. Specifically, the officer must have a reasonable suspicion that “a crime has been, is being, or is about…