Legal Question in Constitutional Law in New York

unlawful search

My son was coming down stairs of a Housing Project. Two officers were at the bottom and asked where he was coming from. He replied his girlfriend's apartment. Before he could state that he lived with her the officers proceeded to pat him down. They found in my son's inner coat pocket a broken handle loaded gun. His coat was buttoned and the gun was not visible. He was charged with gun possession and criminal trespassing. It was 5 p.m. when this took place.

My son's uncle lived with him and his girlfriend for a few months and then moved. He left some clothes and a box in the closet. In the box was the gun and my son was taking the gun to the precinct. In New York this is encouraged to get guns off the street.

It seems that stop and search is a common practice in this project but is the practice constitutional without probable cause.

Asked on 1/08/09, 3:13 pm

1 Answer from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: unlawful search

He would have a good defense against the search, and as a result

A chance of beating the charge. I would suggest hiring an attorney

if you have the means.

You may reach us at 2127098303

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Answered on 1/08/09, 4:16 pm

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