19 results for 'cat:"Search" AND cat:"Weapons"'.
Per curiam, the appellate division finds that the trial court improperly admitted statements defendant made to police in his trial for endangering the welfare of a child and weapons charges, which stemmed from his holding a handgun to his girlfriend's head in the presence of her 15-year-old daughter, because prosecutors failed to demonstrate defendant waived his Miranda rights. The court improperly admitted a switchblade seized after police searched the residence because the emergency exception no longer applied since defendant was already in police custody. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: KA 22-01848, Categories: Miranda, search, weapons
J. Worthen finds the trial court improperly granted defendant's motion to suppress evidence of a weapon found during a vehicular search. Had defendant, as a passenger, with no possessory interest in the vehicle, been allowed to leave, the officer’s ability to search the vehicle would not have been affected. Defendant did not have standing to make a Fourth Amendment claim, as standing is dependent on illegal detainment. Reversed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: February 7, 2024, Case #: 12-23-00185-CR, Categories: Evidence, search, weapons
J. Solomon finds that the appellate division properly admitted handguns, ammunition, narcotics, and cash that had been discovered in a suitcase defendant left outside a train station while being pursued by police because defendant abandoned the suitcase in a public place by fleeing the scene to avoid lawful arrest. Affirmed.
Court: New Jersey Supreme Court, Judge: Solomon , Filed On: January 17, 2024, Case #: A-31-22, Categories: Drug Offender, search, weapons
J. Rivera finds that the appellate division should have suppressed evidence of a loaded handgun recovered from defendant's vehicle in his trial for possessing a weapon because officers who observed defendant and another driver pull into a parking lot to continue a loud exchange they had in stopped traffic lacked reasonable suspicion of illegal drug activity to discover the gun in defendant's vehicle in plain view. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: January 11, 2024, Case #: 96, Categories: search, weapons
Per curiam, the appellate division finds that defendant was improperly convicted of drug and weapons charges after each were found in his basement. Defendant failed to demonstrate he had a reasonable expectation of privacy in the basement, a storage area not associated with his apartment, but the court should have evaluated the admissibility of evidence obtained under a phone warrant. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: KA 20-00312, Categories: Drug Offender, search, weapons
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J. Scott finds that the lower court properly declined to suppress evidence obtained in a traffic stop in defendant's trial for carrying weapons because the vehicle in which plaintiff had been riding as a passenger was observed crossing the center line, and the stop was justifiably extended after the officer smelled marijuana coming from the vehicle. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: December 20, 2023, Case #: 22-0023, Categories: Drug Offender, search, weapons
J. Mackey finds that the lower court properly declined to suppress evidence in his trial for weapon and drug possession because the search was supported by probable cause based on the informant's sworn firsthand account about what he had observed while selling stolen goods and buying drugs at defendant's apartment. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: December 7, 2023, Case #: 111216, Categories: Drug Offender, search, weapons
J. Aarons finds that the lower court properly convicted defendant based on his guilty plea to weapon possession after drugs and a gun were found in a search of his residence. Defendant contends statements he made to police should have been suppressed since he had requested counsel, but the record indicates he made only passing reference to talking with a lawyer. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: November 30, 2023, Case #: 112580, Categories: Miranda, search, weapons
Per curiam, the appellate division finds that the trial court properly convicted defendant on weapons charges. Police were responding to a domestic dispute when they heard the gunshots, and defendant, who fled when approached by police, matched the general description of a 911 call reporting that "three Black kids" were walking down the street with a gun. Defendant also told police after waiving his Miranda rights that he found a gun on the street and fired it in the air, and body camera video of the arrest established the legality of the search and arrest. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 8, 2023, Case #: KA 19-02108, Categories: Evidence, search, weapons
J. Easterly vacates defendant's weapons-related convictions after finding the trial court improperly refused to strike the testimony of the only witness during defendant's suppression hearing. The government failed to produce the recording of the police officer who testified he relayed the tip regarding a man with a gun in his pants over the radio.
Court: DC Court of Appeals, Judge: Easterly, Filed On: October 12, 2023, Case #: 21-CO-0636 , Categories: Evidence, search, weapons
[Consolidated.] J. Hoyle finds the trial court properly convicted defendant for unlawful possession of a firearm by a felon and assault of an officer. The arresting officer stopped the vehicle in which defendant was a passenger for a license plate violation. Upon smelling marijuana, the officer had probable cause to search the vehicle, finding marijuana residue and a loaded firearm under the passenger seat. Defendant was arrested after a background search showed that he was a convicted felon. He later resisted arrest, assaulting an officer attempting to detain him for violation of his pretrial release conditions. The undisputed facts are sufficient to support the arrests. Whether defendant possessed the firearm or not is immaterial to the events which led to its discovery. Duplicate court costs will be deleted. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Hoyle, Filed On: October 11, 2023, Case #: 12-23-00090-CR, Categories: search, Assault, weapons
J. Wright finds the trial court properly convicted defendant for possession of a controlled substance, sentencing him to 25 years in prison. Weapons and drugs were found upon the search of a vehicle in which defendant was a passenger. The officer stopped the vehicle for an improperly placed license plate and detected a strong odor of marijuana coming from the vehicle. The search was made upon probable cause, and defendant’s motion to suppress a statement admitting to possession was properly denied as he was not yet in custody when the statement was made. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright, Filed On: October 4, 2023, Case #: 09-22-00213-CR, Categories: Drug Offender, search, weapons
J. Schumacher finds that defendant was properly convicted of carrying weapons after a pat down search led to the discovery of a gun. Police justifiably searched defendant after initiating the traffic stop for a defective license plate light, as an open bottle was observed in his car and he was known to participate in gang activity. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: August 30, 2023, Case #: 22-1505, Categories: search, weapons
J. Smith finds that the trial court properly convicted defendant for being a felon in possession of a firearm. Though the district court originally failed to make factual findings about the reliability of the anonymous tip that led to the stop of defendant on suspicion of drug dealing, the court clarified upon remand that because the tip was not made by a 911 call, there was no way to trace the caller. The court explicitly found the tipster’s testimony at the suppression hearing credible and the tip included both the information in the dispatcher’s call log and additional details furnished by the tipster at the hearing. The search of the vehicle was done with probable cause. Affirmed.
Court: 5th Circuit, Judge: Smith , Filed On: July 25, 2023, Case #: 21-40849, Categories: Evidence, search, weapons
J. Pierre-Louis finds that the appellate division improperly admitted evidence of hollow point bullets seized from defendant's trunk during a traffic stop. The officer did not have a reason to search the engine or trunk of the vehicle even though the officer smelled raw marijuana in the car during the stop after receiving a "be on the lookout" alert, as contraband had not been found in the cabin of the car. Reversed.
Court: New Jersey Supreme Court, Judge: Pierre-Louis , Filed On: June 22, 2023, Case #: A-50-21, Categories: Drug Offender, search, weapons
Per curiam, the appellate division finds that the trial court properly convicted defendant of weapons charges after he was found with a handgun in his waistband. Defendant failed to preserve certain arguments, and police had reasonable suspicion to stop and frisk defendant since he had been implicated in a burglary in the area. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 9, 2023, Case #: KA 20-01654, Categories: search, weapons
[Consolidated.] J. Sabatino finds that the appellate division improperly upheld defendants' convictions on marijuana and weapons charges based on evidence discovered when officers conducted a pat-down and searched the vehicle during a traffic stop initiated for a suspended driver's license. Prolonging the stop to wait for a drug-sniffing dog was not justified in light of the officer's uncertainty that he smelled marijuana. Reversed.
Court: New Jersey Supreme Court, Judge: Sabatino , Filed On: May 30, 2023, Case #: A-4-22, Categories: Drug Offender, search, weapons
J. Vernoia finds that the trial court should have suppressed evidence of a handgun and large capacity magazine in defendant's trial on weapons charges because the officer may not have been able to see a handgun through the tinted windows of defendant's vehicle. Reversed.
Court: New Jersey Appellate Division, Judge: Vernoia, Filed On: May 26, 2023, Case #: A-1243-22, Categories: search, weapons