NY2: NYPD officer had no REP in recovery of service weapon used in a shooting per NYPD policy

Defendant NYPD police officer had no reasonable expectation of privacy in the department issued firearm allegedly misused in the line of duty. Defendant shot a fleeing man in the buttocks in a personal dispute and denied it in the initial report. In the course of the investigation, NYPD wanted the gun, and NYPD rules required production. People v. McLean, 2015 NY Slip Op 04512, 2015 N.Y. App. Div. LEXIS 4439 (2d Dept. May 27, 2015):

The hearing court properly denied that branch of the defendant’s omnibus motion which was to suppress the firearms removed from his home by the NYPD. … Here, the evidence at the suppression hearing established that, as a member of the NYPD, the defendant would have been familiar with NYPD Patrol Guide Procedure No. 206-17, which relates to the removal of firearms from a uniformed member of the NYPD who, like the defendant, had been reassigned to nonenforcement duties for disciplinary reasons, the vouchering of those firearms into police custody, and the forwarding of those firearms to the Firearms Analysis Section, if warranted. Under these circumstances, any expectation of privacy the defendant might have had with regard to the firearms kept at his home, and the subsequent testing of them, would not have been reasonable.