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This issue was addressed in People v. Ocasio, 85 N.Y.2d 982 (1995). In Ocasio, two police officers walked up to a motorist’s vehicle which was stopped at a red light. The officers tapped on the window, displayed their badges and asked the motorist for identification. The Court of Appeals laid out the factors to be...

This guide will educate you on issues of probable cause, what it means, how an officer may obtain it and what needs to be done once it’s acquired. Probable Cause applies to an arrest as well as to searches. It may apply to DWI, DUI and all types of criminal cases. WHAT IS PROBABLE CAUSE...

A “search” has taken place if the police officer’s method of observation involved the use of devices that substituted for his/her own perception. Pursuant to People v. Clark, 103 Misc.2d 498, 426 N.Y.S.2d 692 (Sup. Ct., N.Y. Co., 1980), when a police officer is in a common hallway and puts his/her ear to the door...

This guide will educate you and give an introduction on the beginning basics of search warrants. This guide applies to all criminal cases including, DWI, DUI and drug cases. Basic Concepts of Search Warrants Search warrants are governed by the Federal Rules of Criminal Procedure Law section 41 and New York Criminal Procedure Law 690....