A Huntley/Mapp/Dunaway suppression hearing was held to determine whether there was probable cause to arrest the defendant and the admissibility of physical evidence recovered from his home and statements made by him to the officer at the scene.

ANew York City Police officer received a radio call that a child called 911 to say his father had guns in the house. The officer was greeted by a male child who lived there and opened the door enabling the officer to enter. The child informed him that there were guns in the home, but the officer did not find anything in the living room or kitchen. The child indicated his father was in an upstairs bedroom.

The officer went there and asked the father if he had any guns in the house. He pointed to a shelf with towels on it. The officer found a firearm under a towel. Seeking suppression of the evidence recovered, the defendant argued that the police did not have probable cause to arrest him for criminal possession of a weapon and endangering the welfare of a minor.

The Kings County, New York Criminal Court noted that the officer had reasonable cause to believe a gun was in the premises after receiving the call and being informed by the child thatthere were firearms present. Also, as the officer was invited into the home by a resident, he had probable cause to make the arrest when the defendant admitted owning a gun. Thus, the court denied the suppression motion.

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