NY4: Def’s statements during execution of SW where he wasn’t arrested weren’t custodial

“We reject defendant’s contention that County Court erred in refusing to suppress statements that he made to the police during the execution of a search warrant at his residence and thereafter at the police station. Defendant contends that he was entitled to suppression of his statements because the police should have obtained an arrest warrant before obtaining the search warrant, and thus his statements were obtained as a result of illegal police conduct. Inasmuch as ‘[t]here is no constitutional right to be arrested’ …, however, that contention is without merit.” People v. TownsendPeople v. TownsendPeople v. Townsend, 2019 NY Slip Op 03172, 2019 N.Y. App. Div. LEXIS 3269 (4th Dept. Apr. 27, 2019).

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