In a recent gun case in New York, the court denied the defendant’s appeal to suppress incriminating evidence. The defendant argued that the officers who originally found the gun on his person were unreasonable in the way they stopped and searched him. The court disagreed, siding with the police and…
Articles Posted in Weapons Cases
Defendant’s Motion to Suppress Denied by New York Court
Recently, a New York appellate court issued an opinion in a gun case involving a defendant who was shot twice and then was arrested for possession of a firearm. At trial, the court denied the defendant’s motion to suppress. On appeal, the defendant argued that the officers who found the…
New York Court Suppresses Gun Found During Inventory Search of Defendant’s Vehicle
Earlier this month, a state appellate court issued an opinion in a New York gun case discussing the concept of an inventory search. An inventory search is a type of search, usually conducted by police officers or tow-truck drivers, that is performed to determine what is in a vehicle before…
The Particularity Requirement in New York Search Warrants
Under the state and federal constitutions, individuals have a right to be free from unreasonable searches and seizures. Generally, this requires that police officers obtain a warrant before searching a person’s home. However, just because the police get a warrant does not mean that the warrant itself cannot be challenged.…
Motions to Suppress in New York Gun-Toss Cases
State and federal constitutional protections prevent police officers from conducting unreasonable searches and seizures. In most New York gun cases, an officer finds a gun on a person or in their car. However, in some cases, police start to chase a defendant, and they toss the gun during the chase.…
New York Court Grants Defendant Passenger’s Motion to Suppress after Police Find Sawed-Off Shotgun in Vehicle
Recently, a state appellate court issued an opinion in a New York weapons case illustrating the importance of a detailed review of the evidence and effective cross-examination skills. The case involved a traffic stop during which police found a sawed-off shotgun wedged under the driver’s seat. Police also claim to…