criminal defense attorney in New York with offices in Westchester County, White Plains and Orange
County, New Windsor it is important to protect individual's constitutional
rights against illegal or overzealous police conduct.
For example, in the
Town of Harrision, New York local and State Law Enforcement officers make countless arrests for
drug sale and
gun cases. The Town of Harrison is recognized as a very busy court as major highways
pass through the court's jurisdiction resulting in the aforementioned
arrests. Likewise all the courts on the I-95 corridor (Mount Vernon, New
Rochelle, Larchmont, Mamaroneck) also have a similar volume of arrests.
When analyzing these arrests top criminal defense attorneys focus on any
violation of Constitutional rights as part of the criminal defense.
The New York State and Federal Constitutions prohibit against "unreasonable
search and seizures" and from warrants not issued based upon "probable
cause". As the United States Supreme Court has held in
Katz v. U.S. 389 US 347, Analysis may turn on whether the person had a reasonable expectation
Law enforcement knows that there are exceptions to the search warrant requirement
despite a strong judicial preference for search warrants. Two of those
exceptions are the consent search and the emergency doctrine.
People v Harper, 100 AD3d 772, police officers responded to an altercation between three
women but when the police arrived the altercation had ended. The two women
accused in the altercation had gone to their apartment and were arrested
for the assault. One of the women was handcuffed and the police officers
decided to search the apartment but it was found that no emergency existed
to allow the search without a valid warrant. In addition, even thought
there was consent to the search of her apartment the Court found that
the consent was not voluntary and all recovered evidence was suppressed.
People v Mormon, 100 AD3d 782, a conviction was reversed as the prosecution did not meet
its burden of showing that a search without a warrant was justified under
the emergency doctrine where a search occurred 45 minutes after police
arrived outside the defendant's apartment in response to a earlier
shooting. The search was in violation of the defendant's constitutional
rights and the evidence seized was suppressed.
These are clear examples of a violation individual's Constitutional
rights against unreasonable search and seizures.
If you or a loved one has been arrested call the law office of
Riebling, Proto & Sachs and we will help you determine if any of your Constitutional rights have
been violated and how that violation can help the criminal defense of
your case. We provide a
free consultation. (914) 946-4808