New York Criminal Attorney Blog
As we have written about extensively, New York recognizes 4 levels of police intrusions during street encounters. Under New York law, when a police officer conducts a traffic stop, the officer cannot unnecessarily prolong the stop. If an officer does keep the driver beyond a reasonable amount of time, he or she must have “reasonable suspicion” that criminal activity is afoot. Whether the officer had reasonable suspicion is a decision that a court must make, and if the court ultimately finds that the officer did not have reasonable suspicion, the Court can grant a defendant’s motion to suppress whatever incriminating evidence the officer ended up finding during the traffic stop.
In a recent case before a New York court, the defendant argued on appeal that the officer conducting his traffic stop unnecessarily prolonged the encounter between the two of them. During the encounter, the officer found significant amounts of heroin in the defendant’s car. Originally, when the case was before a New York trial court, the court determined that the traffic stop and resulting search of the vehicle were both justified. The court denied the defendant’s motion to suppress the incriminating evidence.
Reasonable Suspicion v. Founded Suspicion
When the case went up on appeal, however, the higher court noted that the trial court used the incorrect standard while evaluating the case. Instead of asking whether the officer had “reasonable suspicion” regarding possible criminal activity, the trial court asked whether the officer had “founded suspicion.” This “founded suspicion” standard, said the higher court, is a lesser standard than “reasonable suspicion.”
Therefore, the court should have held the police officer to a higher standard when evaluating whether he had the right to extend the defendant’s traffic stop. The court sent the case back down to the lower court so it could reexamine the facts using the correct standard.
Finding the Right Attorney
During criminal litigation, it is crucial to make sure that the court using the correct legal standard for every aspect of the case. A skilled, experienced New York drug attorney should be able to recognize when the court is applying the wrong standard. This recognition could make a huge difference in the outcome of the case, and it serves as a reminder that hiring aggressive defense counsel is one of the best things you can do to make sure your rights are well protected when you are facing criminal charges.
Are You Looking for a New York Drug Attorney?
At Tilem & Associates, we offer personalized solutions and aggressive representation to fit your needs and circumstances. Our New York drug attorneys are accustomed to fighting tough cases and getting well-earned results. No case is too big or too small, too complex or too straightforward, for us to commit to the challenge and do everything in our power to get the charges dropped. When you need the best in the business, give our office a call.
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 back out to you as soon as possible about next steps.