Defendant was charged with possession of a weapon by a convicted felon. He moved to suppressphysical evidence obtained by New York City police officers in conjunction with his arrest and statements that he made following the arrest.

Defendant contended that a firearm seized by the police was the product of an illegal search because the officers did not have probable cause to search his clothing or to arrest him.

Defendant further contended that any subsequent statements made by him constitute fruit of the poisonous tree and should be excluded accordingly. The U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK denied defendant’s motion to suppress, finding that the officers had probable cause to believe that he was violating the open container law.

The court noted that the officers had observed him drinking from a plastic cup while sitting on an outdoor bench with a group of people consuming drinks in bottles, one of which was a beer bottle. An officer testified that he smelled liquor coming from the cup.

The court found that the arrest was therefore justified by probable cause and that the officer’s search of defendant and subsequent seizure of his weapon require no separate justification.

If you have been arrested, contact Bob Friedman, a top Rochester Criminal Defense Lawyer, at 585-484-7432.