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Supreme Court Considers Cell Phone Searches

Category Archives: Criminal Defense

Supreme Court Considers Cell Phone Searches

Many years ago, the United States Supreme Court approved what has come to be called “search incident to arrest” — a warrantless search of the person and immediate grabbing area of a person being arrested — in United States v. Chimel. The rationale for allowing a search under these circumstances was not only to protect… Read More »

Understanding New York’s New Gun Possession Law

The recent mass shootings in the United States, most notably the 2012 school shooting in Newtown, Connecticut, has led many state legislatures to hastily enact new criminal statutes regulating the possession and transfer of certain types of firearms. In New York, the Secure Ammunition and Firearms Enforcement (SAFE) Act is such a law. Understanding the… Read More »

Recent Developments With “Stop And Frisk”

New York City’s “stop and frisk” policy — under which NYC police engaged in pat down searches of individuals with little or no reasonable suspicion — has been tremendously controversial. Even after the 2013 ruling by a United States District Judge that the practice was unconstitutional, the controversy continued with an appeal by the City… Read More »

New Proposals For Helping NY Penal Code Confront High-Tech Crimes

As crime continues to grow more technologically advanced, criminal codes across the nation — many of which were principally written more than 100 years ago — become outdated. Legislatures in many states have recognized this and have taken steps to change their penal codes to cover crime committed with new technology. In New York State,… Read More »

Protecting Your Rights After Arrest

Keeping your head and keeping your wits is essential to protecting your rights after an arrest, especially during the period of time when you are in custody but have not yet consulted an attorney. If you are subject to an arrest warrant in New York City or otherwise detained or arrested by police, you should… Read More »