{"id":63507,"date":"2026-03-08T10:27:08","date_gmt":"2026-03-08T15:27:08","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63507"},"modified":"2026-03-10T09:00:49","modified_gmt":"2026-03-10T14:00:49","slug":"nyco-arrests-cant-be-suppressed","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=63507","title":{"rendered":"NYCo.: Arrests can&#8217;t be suppressed"},"content":{"rendered":"\n<p>\u201cDefendant was charged with committing specific acts of violence against an identifiable person, who reported the incident. An arrest itself cannot be suppressed as fruit of the poisonous tree, and defendant himself was not a suppressible fruit. Nor was he entitled to suppression or a Mapp hearing in regard to clothing he wore during arrest, which was seized at the precinct. Finally, parts of the motion seeking suppression or hearings on Payton violation grounds because officers pulled him out of his doorway after he opened the door was denied.\u201d People v. Honyghan, 2026 NYLJ LEXIS 311 (N.Y. Co. Feb. 5, 2026). <\/p>\n\n\n\n<p>Unlawful arrest doesn&#8217;t lead to release from custody. Noori v. Soto, 2026 U.S. Dist. LEXIS 46396 (D.N.J. Mar. 5, 2026)<\/p>\n\n\n\n<p>Plaintiff\u2019s decedent fired a gun into the air to celebrate New Years. An officer nearby perceived a threat claiming he started to point the gun at him. That\u2019s a fact question for trial; no qualified immunity. Williams v. City of Canton, 2026 U.S. App. LEXIS 6705 (6th Cir. Mar. 6, 2026).*<\/p>\n\n\n\n<p>\u2018In Ground Four, Defendant argues as follows: The warrant and affidavit w[ere] invalid. The warrant&#8217;s scope was exceeded. The affidavit was facially invalid. Counsel did not challenge this.<br \/>Again, the Court will not \u2018fashion Defendant&#8217;s arguments for him\u2019 when Defendant&#8217;s contentions are conclusory and not supported by specific factual allegations. \u2026 Such \u2018[c]onclusory allegations\u2019 and \u2018vague descriptions of the alleged deficient performance\u2019 do not suffice to establish the deficiency prong of Strickland. \u2026\u201d United States v. LaFever, 2026 U.S. Dist. LEXIS 46324 (W.D. Okla. Mar. 5, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cDefendant was charged with committing specific acts of violence against an identifiable person, who reported the incident. An arrest itself cannot be suppressed as fruit of the poisonous tree, and defendant himself was not a suppressible fruit. Nor was he &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=63507\">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":[50,104,23,40],"tags":[],"class_list":["post-63507","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-burden-of-pleading","category-ineffective-assistance","category-qualified-immunity"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63507","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=63507"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63507\/revisions"}],"predecessor-version":[{"id":63510,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63507\/revisions\/63510"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63507"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63507"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63507"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}