1250 Broadway, 27th Floor New York, NY 10001

UNREASONABLE SUSPICION

spying_grass_binoculars_photo_nyreblog_com_.JPGAfter undercover cops arrested Maurice Evans for smoking marijuana in plain view, his backpack was seized and was found to contain "11 bags of marijuana, a pair of brass knuckles, a nine millimeter gun, and two magazines of ammunition."

Although he tried to prevent the contents of the backpack, and the statement he made relating thereto, from being introduced into evidence at his trial, Evans ended up getting convicted by the New York Supreme Court of attempted possession of a weapon in the second degree, and sentenced to a 2-year term.

In the absence of a threat to an officer or the general public, or a need to protect evidence from being concealed or destroyed, the Appellate Division, First Department, thought that the officers had overstepped and conducted an "unreasonable warrantless search"--particularly because while Evans was in custody, wasn't "aggressive or hostile," and had fully cooperated with the authorities.

Play by the rules, and you won't get burned.

ssh_quiet_silence_gif_nyreblog_com_.GIFTo view a copy of the Appellate Division's decision, please use this link: People v. Evans

Categories: