Flight by One Member of a Group Does not Raise Suspicion for the Rest of the Group

in People v Thompson, 2015 NY Slip Op 03605, the First Department reversed the defendant’s conviction and dismissed the indictment against the defendant. In Thompson, the defendant – Latiff Thompson – was arrested and charged with gun possession, and after trial he was sentenced to 12 years in prison. The facts of the case are pretty straight forward. The arresting

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Appellate Court Overturns Conviction When Defendant’s Jacket Searched Without a Warrant

In People v Morales, 2015 NY Slip Op 01190, the First Department, Appellate Court revisited the law regarding search incident to lawful arrest. Generally speaking, the government must satisfy two separate requirements to justify a warrantless search of a container incident to an arrest. The first requirement is that the search is conducted during the arrest or immediately after the

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Conviction Overturned, Indictment Dismissed Because Police Illegally Searched the Defendants Backpack

The First Department, Appellete Term in Manhattan reversed the conviction and dismissed the indictment in the case of People v. Mangum. In Mangum, on January 26, 2012, police officers Arslanbeck and Porras were on patrol in a New York City housing complex on the Lower East Side of Manhattan. The officers first saw Mr. Mangum walking through a courtyard along

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