New York City police may have had the right to question a potential gun defendant under the public safety exception but their subsequent search for and seizure of the gun violated the Fourth Amendment, a divided federal appeals panel has ruled.
The U.S. Court of Appeals for the Second Circuit split 2-1 in holding that any emergency facing police as they questioned defendant Robert Simmons had evaporated once he told them the gun was in his Bronx apartment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
