New York Criminal Attorney Blog
In a recent drug case before the New York Appellate Division, Second Department, the defendant asked the court to reconsider the lower court’s denial of his motion to suppress the evidence that he was arrested in possession of. Originally, the defendant was convicted of criminal possession of marijuana and criminal possession of a controlled substance. When the defendant had initially asked the trial court to suppress evidence of drugs in his car that were recovered pursuant to a search warrant, the court had denied the motion without a hearing. Despite the defendant’s challenge of this decision, the higher court denied his appeal and affirmed his original convictions. The case serves as a reminder that, at times, officers have broad leeway to search private vehicles, which can lead to incriminating and frustrating results.
Facts of the Case
According to the opinion, officers searched the defendant’s car because the defendant’s brother pointed a firearm at several people after getting out of the car that the defendant was driving. Officers impounded the car, and they later obtained a warrant then searched the vehicle. At that point, the officers found ecstasy pills as well as marijuana inside the car. Facing criminal charges, the defendant filed a motion to suppress, and the court denied this motion without a hearing. The defendant’s case later went to trial, and a jury found him guilty as charged. The trial court then sentenced him to time in prison accordingly.
The Decision
On appeal, the defendant argued that the lower court should not have denied his motion. The higher court, however, disagreed. It was reasonable, said the court, for the officers to suspect that they might find evidence of criminal conduct in the vehicle. The vehicle was properly impounded as a result of the defendant’s brother’s pointing a gun at a group of people nearby.
Because of these facts, then, it was acceptable for the officers to search the defendant’s vehicle. Therefore, it was also acceptable for the lower court to deny the defendant’s motion to suppress. With that, the court denied the defendant’s appeal, and his conviction remained in place.
Do You Need a New York Drug Attorney in Your Corner?
If you or a loved one is facing criminal charges in the state of New York, don’t wait: who you choose to retain as your attorney could make all the difference in your case. At Tilem & Associates, we provide aggressive and personalized representation for our clients, and we are committed to fighting relentlessly in order to protect our clients’ freedoms. If you don’t want to settle for any attorneys but the best, give our firm a call – we are ready to stand with you in the fight.
For a free and confidential consultation with a New York drug attorney, give us a call today at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach out to you as soon as possible. Our firm handles a range of cases, including those related to driving under the influence, drugs, assault and battery, theft, firearms, and violent crimes.