Articles Posted in GUN CRIMES

Last month, a state appellate court issued a written opinion in a New York gun case, raising the issue of whether the defendant had standing to bring a motion to suppress the physical evidence in the case. Specifically, the defendant intended on suppressing a firearm that was found in a backpack. The lower court denied the defendant’s motion without specifying a basis. On appeal, the court determined it was unable to decide the case without having the benefit of the lower court’s reasoning. The appellate court remanded the case so the lower court could provide its reasoning.

The Facts

According to the court’s opinion, police officers found and searched a backpack that was in the back yard of a vacant house in Queens. Inside the backpack was a gun. The defendant’s godmother lived next door to the vacant house. At the time when the police found the backpack the defendant and seven other people were present in that home. Police officers arrested all seven people. Later, at the police station, the defendant admitted that the backpack and gun belonged to him.

The defendant filed a motion to suppress the gun, as well as his statement, from evidence. The defendant argued that the officers lacked a warrant or probable cause to search the backpack. In response, the prosecution argued that the defendant lacked standing to bring the motion. The court denied the defendant’s motion without providing any reasoning. On appeal, the court sent the case back down to the trial court so that court could clarify its holding.

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Earlier this month, a state appellate court issued a written opinion in a New York gun case discussing the automobile exception to the search warrant requirement. Generally, law enforcement must obtain a search warrant that is supported by probable cause before they can conduct a search. However, over the years, courts have crafted a variety of exceptions to the warrant requirement. One of the most often cited exceptions is the automobile exception.

The automobile exception came about based on the understanding that vehicles are mobile. Thus, if police officers were required to obtain a warrant to search a car, there would be a risk that the officers would not be able to locate the car again, or that any evidence inside the car could be hidden or destroyed. Thus, if an officer has probable cause to believe that there may be evidence or contraband inside a vehicle, the officer can search the vehicle without a warrant.

According to the court’s opinion, police officers witnessed the defendant give a carton of cigarettes to another man in exchange for money. The officers approached the defendant, who was standing near the open door of a van. As the officers got closer to the van, they could see that it was full of duffle bags and that one of the bags contained additional cartons of cigarettes. One of the officers then opened one of the packs in the carton that the defendant had just exchanged, noticing that there was no New York tax stamp. Officers arrested the defendant. Before driving the defendant’s car back to the station, one of the officers conducted a “quick check” of the vehicle, finding a firearm under the passenger seat.

Earlier this month, a state appellate court issued an opinion in a New York gun possession case involving the denial of the defendant’s pre-trial motion to suppress. Motions to suppress are often the most critical stage of a trial in cases involving guns or drugs, especially where the contraband item is found on the defendant. In this case, the court ultimately upheld the denial of the defendant’s motion to suppress, finding that the defendant gave the officers consent to search his car.

Consent is one of the few major exceptions to the warrant requirement. Generally, law enforcement needs a warrant to conduct a search of a person or their belongings. To obtain a warrant, an officer must establish that there is probable cause to believe that a crime was committed, and the search would turn up evidence of that crime. However, if a suspect consents to a search, that eliminates the need for an officer to obtain a warrant. To be valid, consent must be voluntary, and cannot be forced or coerced. Courts look to the surrounding circumstances to determine the validity of a suspect’s consent.

According to the court’s opinion, police received a 911 call stating that a man was banging on a hotel door with a gun. Police arrived and began to speak with the defendant outside the hotel room. He was not handcuffed at the time.