This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Nicholas G. Garaufis suppressed body armor permanently seized from defendant at the police precinct following his arrest for littering where there was no probable cause to keep the armor as evidence of a crime. Judge Arthur D. Spatt declined to dismiss a federal in rem civil forfeiture action despite a prior pending civil forfeiture action brought in state court under Article 13-A, CPLR. Judge Allyne R. Ross, on reconsideration, granted summary judgment to a plaintiff insurance company in light of newly discovered deposition testimony in a state case. And Judge Joseph F. Bianco denied defendant’s untimely motion to withdraw a bankruptcy reference.
Seizure of Body Armor
In United States v. Herron, Judge Garaufis, granting defendant’s motion to suppress, held that the post-arrest warrantless seizure of body armor on defendant’s person was unlawful.
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