New York Criminal Attorney Blog
Recently, a New York defendant appealed his convictions related to possession of a firearm, arguing that probation officers did not have the right to search through his personal belongings. The court’s opinion, which denied the defendant’s appeal, reflects the reality that for individuals on probation, there is less of an expectation of privacy. While this can be a difficult restriction to bear, it is important to keep probation conditions in mind to stay in compliance with the related legal restrictions and to stay away from harsh repercussions. Those on Probation are already convicted and are not entitled to a trial if they are accused of violating probation but rather are only entitled to a hearing before the judge that is supervising their probation.
Facts of the Case
In this case, the defendant was on probation for attempted robbery in the first degree. One of the conditions of his probation was that he was not allowed to possess a firearm. Local police officers notified the probation department that the defendant had been seen with a firearm on three different occasions. After that, the defendant’s probation officers promptly showed up at his house.
The defendant was not home, but his mother was home, and she let the officers search the defendant’s bedroom. They found a shotgun shell, a round of ammunition, and a firearm. The defendant was charged with the following offenses: criminal possession of a weapon in the second degree, criminal possession of a firearm, and unlawful possession of pistol ammunition.
The Defendant’s Motion to Suppress
The defendant filed a motion to suppress the physical evidence, which the lower court denied. The defendant pled guilty, and the trial court sentenced him accordingly. The defendant then appealed the lower court’s denial of his motion to suppress, arguing that the probation officers had no right to search his room without his consent.
Ultimately, the higher court disagreed. The conditions of the defendant’s probation, said the court, indicated that he was not allowed to possess a firearm and that probation officers would always have the right to search his private space. The officers’ search of the defendant’s bedroom was reasonable, given that they wanted to make sure the defendant was in compliance with his probation conditions.
For the defendant, then, his probation meant that officers could invade his privacy without obtaining a warrant or going through other court-ordered protocols. Because an individual on probation faces the reality of less privacy and more restrictions, it is important for parolees to keep this reality in mind while moving throughout their day-to-day lives.
Are You Looking for a New York Firearms Attorney?
If you or a loved one is facing criminal charges in the state of New York, give us a call at Tilem & Associates. We have earned our reputation as a results-driven, client-centered team of attorneys that gets results for clients when it matters most. For firearms crimes in particular, there can be a lot on the line, and securing a qualified New York firearms attorney is a crucial part of doing what you can to aggressively fight your charges.
For a free and confidential consultation with an experienced New York firearms attorney, call our office today at 877-377-8666. You can also fill out our online form to have a member of our team reach back out to you as soon as possible.