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Articles Posted in Criminal Procedure

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Defendant Questions Probable Cause in Arrest

Two known low-level drug dealers who sold marijuana were found shot in the apartment they shared. The police were investigating the murders. The police then questioned their known associates. A New York Criminal Lawyer said one of the murder victims’ known associates the police talked to admitted that he was…

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Court Decides Drug Charges

On November 29, 1976 petitioner was indicted with a drug crime in the United States District Court, District of New Jersey, and charged with several counts, the first of which alleged that from January 1, 1976 to November 18, 1976 certain defendants, including petitioner, “did knowingly and wilfully combine, conspire,…

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Court Looks at Illegal Contraband Case

In this case, two police officers were on routine motor patrol in Bronx County when they observed a car with its trunk lock “popped out.” They directed the driver of the car to stop. As the officers approached the car, a single passenger in the rear appeared to be fumbling…

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Defendant Files Motion to Supress

The defendant in this case was charged with Rape in the first degree. He filed a motion to suppress any line-up or photograph identification. He argued that the result of a line-up conducted by the Suffolk County Police Department violated his rights under the Fourth, and Fourteenth Amendments of the…

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Defendant Had Eviction Notice Filed Against her for Drug Activity

On August 2006, a detective recovered a loaded handgun and approximately 300 small glassine and zip lock bags which were later tested and found to contain a total of 1/8 oz + 0.2 grains of heroin and 1/8 oz + 4.5 grains of cocaine from a woman’s bedroom. An individual…

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Court Discusses Plain View Doctrine

This involves a drug crime case where the court concluded that the warrantless seizure of the package by the police officers to the defendant was proper. The police obtained a search warrant for 2130 East Tremont Avenue, Apartment 7E, in Bronx County in conjunction with a long-term narcotics investigation, during…

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Court Decides Whether to Disbar a Lawyer

In October 1993, a lawyer, a member of the New York Bar was arrested at 9pm on a street corner in the Bronx. He was arrested and charged with criminal crack cocaine possession. In June 1998, the same lawyer was apprehended by police officers at a street corner after he…

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