Earlier this year, a state appellate court issued an opinion in a New York gun case, affirming the lower court’s decision to suppress a weapon found in the defendant’s vehicle that was parked outside his home. The case required the court to determine if the officers’ search of the defendant’s car fell outside the scope of the search warrant police officers obtained after allegedly observing him sell heroin from his home.
The Facts of the Case
According to the court’s opinion, police officers conducted a stake-out in front of the defendant’s home. During the course of their investigation, officers watched on several occasions as the defendant or one of his associates would leave the home and deliver an item to someone standing in the street in exchange for money. Police officers also arranged to make several controlled buys.
Detectives obtained a search warrant. The affidavit in support of the warrant requested the officers be allowed to search the defendant and “the entire premises.” Police officers executed the search warrant and found a gun inside the home. However, someone other than the defendant was charged with the gun found inside the home.