Is a search warrant issued pursuant to a lawful search warrant subject to a suppression hearing?
"New York", United States of America
The following excerpt is from People v. Smith, 2019 NY Slip Op 33974 (U) (N.Y. Cty. Ct. 2019):
pursuant to a lawful search or arrest warrant is not subject to a suppression hearing. People v. Arnau, 58 NY2d 27 (1982). The court has reviewed the arrest warrant, and Grand Jury minutes (see above), and finds that they provided ample probable cause to arrest Defendant, who was known to the police officers who arrested him. Therefore, the motion is denied as to any evidence seized at the time of Defendant's 2019 arrest.
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