Simply, we can all appreciate and respect the fact that just as the police act on calls, information and statements with the goal of providing safety and security to residents of New York, there are times when the police are not needed or warranted. Practically speaking, it is often difficult…
Articles Posted in Search and Seizure
Limiting the a New York Police Officer’s Right to Inquire about Weapon Possession in a Vehicle: People v. Garcia
There is no denying that armed offenses and mere weapon possession are some of the most serious crimes in the New York Penal Law. Its equally clear that police officers in New York should be able to protect themselves from potential danger when they stop a person who committed a…
Tinted Windows Defense: Challenging an Arrest and the “Fruits” of a Potentially Unlawful Search
Those who have never been accused of a crime often fail to recognize the value or importance of the criminal defense lawyer to the justice system. Some even have pretty nasty things to say about the defense bar. Having said that, when the police wrongfully arrest a person who may…
When Police Conduct a Post Arrest Search Without an Arrest: Challenging Illegal Searches in New York
You received a summons for having an open container of beer somewhere in New York City either on the streets of Brooklyn or Manhattan. The police issued you a pink summons and you believed you were on your way to a slap on the wrist. However, to your surprise, you,…
Arrested for Drug Possession in New York: Criminal Lawyer Analysis of Overzealous Police Searches
Getting caught with illegal drugs in New York can be a frightening affair and one which certainly requires the assistance of an experienced criminal lawyer. Whether in the Bronx, Manhattan, Queens or Brooklyn, Assistant District Attorneys and judges can (and often do) stick to the book. Sometimes defending yourself against…
New York Orders of Protection (Restraining Orders) & Search Warrants: Standing to Challenge Search of Your Home May be Diminished
There is little doubt that if your home is the target of a search warrant in New York, you, as the homeowner or tenant who resides there, would have the standing or ability to challenge a search warrant executed at that premises. However, one factor that may change the dynamic…
NY Inventory Searches: Vehicle Search without a Search Warrant
Your car was stopped in Manhattan after the police accused you of DWI. The police pulled you over in Brooklyn for Forgery or Criminal Possession of a Forged Instrument because you had a fake registration or license. Maybe you were stopped in the Yonkers and charged with Criminal Possession of…
Knowing your Rights in New York: Inquiry to Frisk
You are minding your own business walking down the street in Brooklyn or maybe you just walked out of J&R Music in downtown Manhattan. A police officer approaches you and starts to ask you questions. Do you have to answer? Can you walk away? Can he detain, frisk or search…