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Articles Posted in Search and Seizure

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New York Court Suppresses Gun Found in Defendant’s Vehicle Based on Invalid Citizen’s Arrest Conducted by U.S. Customs Agent

A New York state appellate court issued a written opinion in a New York gun case presenting an interesting issue. Specifically, the case requires the court to determine if the defendant’s arrest was illegal because a U.S. Customs agent initiated a traffic stop outside of his jurisdiction and without authority…

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New York Court Determines Officer Lacked Reasonable Suspicion to Stop Motorist, Suppressing Breath-Alcohol Test Results

Recently, a New York court issued a written opinion in a New York DWI case granting the defendant’s motion to suppress the results of the field sobriety tests administered by the arresting officer. The court also granted the defendant’s motion to suppress the results of the chemical testing that was…

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New York Court Denies Defendant’s Motion to Suppress a Gun Found in the Trunk of the Car He Was Driving

Earlier this month, a state appellate court issued a written opinion in a New York gun possession case discussing two important concepts that frequently come up in any case involving a possessory offense, including New York drug crimes. Ultimately, the court concluded that the police officers acted appropriately and it…

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New York Court Finds Police Had No Probable Cause to Arrest Defendant after Finding Ammo Magazines in His Pocket

As we have discussed many times, experienced criminal defense lawyers know, that seeking suppression of evidence can often be the best defense to a crime charging possession (of drugs, guns or other illegal items).  Recently, a state appellate court issued a written opinion in a New York gun possession case.…

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New York Court Determines Warrantless Search of Motorhome Was Illegal

A state court recently issued an opinion in a New York gun possession case requiring the court to determine if a gun found in the defendant’s motor home was the product of an illegal search. Ultimately, the court concluded that the defendant’s motorhome was afforded the same protection as any…

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New York Court Discusses the Emergency Exception to the Warrant Requirement

Recently, a state court issued a written opinion in a case involving allegations that the defendant violated a New York order of protection. The case required the court to determine if the defendant was correct in asserting that the police entered her home without a warrant and without sufficient cause…

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