{"id":48646,"date":"2021-06-04T07:22:23","date_gmt":"2021-06-04T12:22:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48646"},"modified":"2021-06-04T07:22:23","modified_gmt":"2021-06-04T12:22:23","slug":"ny1-cross-examination-about-potential-suspects-let-go-from-scene-of-search-opened-door-to-suppressed-statement","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=48646","title":{"rendered":"NY1: Cross-examination about potential suspects let go from scene of search opened door to suppressed statement"},"content":{"rendered":"\n<p>Defendant\u2019s cross-examination about others not ultimately charged after the search opened the door to his suppressed statement. \u201cFirst, defendant elicited that although the police arrested him and the other two persons who were in his apartment at the time a search warrant was executed, the arrests of the other two were voided. The court providently exercised its discretion in finding that this testimony opened the door to defendant&#8217;s suppressed statement to the police in the apartment as to the location of the two illegal weapons he was charged with possessing \u2026\u201d <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2021\/2021_03532.htm\">People v. Gumbs<\/a>, 2021 NY Slip Op 03532, 2021 N.Y. App. Div. LEXIS 3627 (1st Dept. June 3, 2021)<\/p>\n\n\n\n<p>Defendant\u2019s claim the omitted information was material is nearly summarily affirmed. It wasn\u2019t. <a href=\"https:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/20\/20-10871.0.pdf\">United States v. Jones<\/a>, 2021 U.S. App. LEXIS 16561 (5th Cir. June 3, 2021).*<\/p>\n\n\n\n<p>Neighbor\u2019s 911 call about an apparent altercation in plaintiff\u2019s house justified police entry on exigency. <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/203120np.pdf\">Cost v. Borough of Dickson City<\/a>, 2021 U.S. App. LEXIS 16570 (3d Cir. June 3, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s cross-examination about others not ultimately charged after the search opened the door to his suppressed statement. \u201cFirst, defendant elicited that although the police arrested him and the other two persons who were in his apartment at the time a &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=48646\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[124,3,21,129],"tags":[],"class_list":["post-48646","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence","category-emergency-exigency","category-franks-doctrine","category-waiver"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48646","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=48646"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48646\/revisions"}],"predecessor-version":[{"id":48647,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48646\/revisions\/48647"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48646"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48646"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48646"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}