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Category Archives: Suppression
Reasonable Suspicion For The Stop and Frisk
People v. Fernandez Appellate Division, First Department 2011 NY Slip Op 06299 Decided August 18, 2011 Issue: Whether the behavior of defendant constituted reasonable suspicion for the police to stop and detain the defendant and forcibly search his person. Holding: … Continue reading
New Exception To The Exclusionary Rule And Fourth Amendment Suppression Issues
PEOPLE V TOLENTINO : New York Court of Appeals, IMPORTANT NOTE: THE U.S. SUPREME COURT HAD GRANTED CERTIORARI TO HEAR THIS CASE AND ORAL ARGUMENT WAS SET FOR MARCH 21, 2011. ON MARCH 29, 2011 THE SUPREME COURT REVERSED ITS … Continue reading
Sixth Amendment Right to Counsel: When Does The Right To Counsel Attach – Defendant In Custody On Unrelated Matter
PEOPLE v. LOPEZ DECIDED: FEBRUARY 22, 2011 NEW YORK COURT OF APPEALS Issue : When does the Sixth Amendment Right to Counsel attach and whether the police must inquire of a defendant that is already in custody if they are … Continue reading
Posted in Blog, Right to Counsel, Sixth Amendment, Suppression
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Fourth Amendment – Search and Seizure – The Protective Sweep Doctrine
USA v. Hassock Decided January 28, 2011 Second Circuit Court of Appeals Issue : Whether the search of the defendant’s bedroom and seizure of a gun found under the bed was lawfully conducted pursuant to the Protective Sweep Doctrine, when … Continue reading
Admissibility of Pre-Trial Photo Identifications When Defendant Refuses To Cooperate With Lineup Identification
People v. Perkins New York Court of Appeals Slip Op 05675 Decided June 29, 2010 Issue : whether a photographic identification will be admissible at trial when defendant would not cooperate with lineup procedures and a photo array was used … Continue reading
Posted in Blog, Evidence, Identification Evidence, Suppression
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