Legal Question in Criminal Law in New York

Need help fast, can cops even do this?

My 20yr old brother was put on probation two years ago for some damage he caused to--name removed--neighbors house while he was drunk. Last night he was in--name removed--municipal parking lot at 11pm, just about to start his car, when--name removed--cop knocked on the window. When he asked what the prob was, the cop said they were investigating cars that had been broken into previously, as my brother was friendly with one of the arresting officers, having worked with him for--name removed--while, he asked, ''didn't you catch that guy last night?'' which they confirmed. They then spotted an unopened 40oz bottle of beer in the back seat, which was in--name removed--brown bag, and which my brothers friend, who is 26, claimed responsibility for. They then searched his entire vehichle, when no wrongdoing had been commited, with no probable cause, and found an eighth of an ounce of mushrooms on my brother. Granted, he should not have been in possession of these drugs, but can this conviction be overturned on the basis of 'no probable cause'? The cops lied to him about why they were questioning him in the first place, found--name removed--erroneous reason to remove them from the vehicle. can we have this overturned?


Asked on 11/02/06, 7:26 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Need help fast, can cops even do this?

I'm not exactly certain at what point your case is, if there has been a conviction then issues of fact alone are insufficient to win an appeal. If your case is currently in the trial process then this fact may be used to keep the evidence out of trial and as a result secure a dismissal of the charges. Please feel free to contact me, I have handled many cases with similar evidentiary issues. 2127098303

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Answered on 11/02/06, 9:03 pm


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