No, an arrest warrant and a search warrant are essentially two different types of warrants as defined in the Fourth Amendment. Although, many clients would confuse the concept between the two, it is essential to know the difference, because a wrong warrant could mean that the arrest, or search and seizure were unlawful.

In general, both an arrest warrant and a search warrant requires a police officer to make a showing of probable cause; but the probable cause required for each warrant is different.

For an arrest warrant, probable cause exists if a prudent person would have believed that the defendant had committed or was committing an offense. But for a search warrant, probable cause exists if a prudent person would have believed that the place to be search contains the person or materials to be seized, such as evidence of a crime, or contraband (unregistered guns, narcotics and child pornography are automatically seized, and even if the officers were not searching for those materials initially, defendants will face additional charges for these possessions as long as they are in plain site).

In New York City, where apartment buildings are spread throughout the five boroughs, a defendant who is being arrested in his apartment building would sometimes require the arresting officer to present both a search warrant and an arrest warrant to enter the building, search for defendant and make the arrest.

If you have been presented with a search warrant or an arrest warrant by New York City police officer, then call our office at (212) 577-6677 to receive professional legal advice.

Yes and no, it depends on the situation and where the obscene material is located. Under New York law, police are generally required to obtain a valid search warrant before they seize any obscene materials, although there are some exceptions to this rule.

According to the Supreme Court case of Roaden v. Kentucky, (413 U.S. 496), it is not always up to the police to decide whether something is an obscene material. Unlike the usual forms of contraband in New York, such as narcotics and weapons, courts view obscene materials in a more flexible manner in favor of the defendant, and therefore such evidence may not be seized without a warrant.

However, if the obscene material has been upheld in a location that is open to the public, such as a bookshop, film shop and website, then warrantless search and seizure may be authorized. But prior to the seizure, an investigator must already have some evidence in hand for the court to determine if the material is obscene.

In many cases, the procedures legal officials follow to recover evidence can influence the way a case can turns out, especially if the seized evidence plays a crucial part incriminating the defendant.

When face with a warrant authorizing the search and seizure of either your home or your business, it is important to exercise your constitutional rights and seek legal advice from a criminal defense attorney before speaking with a legal official.

If a search and seizure warrant has been issued against you in New York City, then call (212) 577-6677 to get professional legal advice.

Yes and no, it depends on the situation and where the obscene material is located. Under New York law, police are generally required to obtain a valid search warrant before they seize any obscene materials, although there are some exceptions to this rule.

According to the Supreme Court case of Roaden v. Kentucky, (413 U.S. 496), it is not always up to the police to decide whether something is an obscene material. Unlike the usual forms of contraband in New York, such as narcotics and weapons, courts view obscene materials in a more flexible manner in favor of the defendant, and therefore such evidence may not be seized without a warrant.

However, if the obscene material has been upheld in a location that is open to the public, such as a bookshop, film shop and website, then warrantless search and seizure may be authorized. But prior to the seizure, an investigator must already have some evidence in hand for the court to determine if the material is obscene.

In many cases, the procedures legal officials follow to recover evidence can influence the way a case can turns out, especially if the seized evidence plays a crucial part incriminating the defendant.

When face with a warrant authorizing the search and seizure of either your home or your business, it is important to exercise your constitutional rights and seek legal advice from a criminal defense attorney before speaking with a legal official.

If a search and seizure warrant has been issued against you in New York City, then call (212) 577-6677 to get professional legal advice.

An inventory search is the search of property lawfully seized and detained by the New York State government, in order to ensure that it is harmless, to secure valuable items, and to protect against false claims of loss or damage to the government. An inventory search may be brief, but due to the fact that the search may be conducted without a search warrant and without probable cause, the search may be detrimental to those who have something to hide.

But fear not…

An inventory search can be challenged by filing a motion to suppress items seized during the search, mainly incriminating items such as: contraband, dangerous instruments, and fraudulent papers such as fake identification cards.

It is more effective for the defendant to file a motion to suppress as soon as the search was conducted. If the defendant was already being held in jail after the arrest, then the police have probably already recovered the incriminating items in an inventory search. By filing and succeeding the motion to suppress the items, it may leave holes in the government’s case against defendant.

Even if the suppression does not succeed, the defense may gain more information about the government’s case against the defendant, and optimize the defendant’s defense.

Knowing when is the right time to file the motion to suppress the inventory search items may be tricky, and takes a skillful and experienced criminal defense attorney to know when.

At Joseph Potashnik & Associates, we have a panel of some of the most skilled New York City criminal defense attorneys specializing in various areas of white-collar crime defenses.

If a warrant has been issued in New York City to seize your property, call our office at (212) 577-6677 to get professional legal advice.

Ever since the United States Supreme Court’s decision in the landmark case of      Katz v. United States declared that the Fourth Amendment protects people, not places against unreasonable searches and seizures, yet what the person knowingly seeks to preserve as private, even in an area accessible to the public, may also be constitutionally protected; it is understandable to know why such a decision may spark much national debate.

Similarly, New York State courts apply the same logic in the determination of whether the search and seizure of an area is a reasonable expectation of freedom from governmental intrusion.

Place of business is protected by the 4^th Amendment

A businessman’s private commercial property is entitled to protection by the Forth Amendment. A businessman is like the occupant of a residence, so his property is protected by the constitution and he is free from unreasonable entries upon his private business establishment.

But!

But, it is also established that the Fourth Amendment does not provide a business establishment with the same degree of protection against a warrantless search and seizure as that of a home/ dwelling place. The law is more flexible towards warrantless searches and seizures at a business place than at a dwelling place.

Although mistakes by legal officials such as conducting an unwarranted search and seizure of a business place does not come often, a skillful and experienced criminal defense attorney will definitely spot it once it is made.

At Joseph Potashnik & Associates PLLC, we have encountered cases that deal with improper search and seizures of business places, which have considerably aided the defendant’s defense.

If your place of business is currently subjected to a warranted/unwarranted search and seizure criminal procedure, call our office at (212) 577-6677 for professional legal advice.

Yes, in many cases warrantless arrests are legal in New York State. One example would be a felony arrest in a public area. In this situation, the police officer only needs make the determination of whether the action committed by the alleged offender has probable cause, on the spot.

Even though warrantless arrest by a police officer can be made on the spot, the probable cause determination is still required by a magistrate, which is made after 48 hours of the arrest.

What is probable cause?

Probable cause is an assumption made through factual evidence. Probable cause can also be derived from the officer’s observation, expertise, information received from witnesses, and circumstantial evidence.

In New York State, if the officer delays for more than a day before getting a probable cause determination from the magistrate, then the arrest made is presumptively unreasonable and the arrest is dropped. However, police officers are extremely meticulous from making such procedural mistakes because most police officers take the necessary precaution in obtaining one anyways.

The legality of a warrantless arrest has sparked much debated between defense attorneys and prosecutors. In some situations warrantless arrests are illegal and can lead to the exclusion of incriminating evidence and sometimes dismissal of the case.

If you are being investigated or arrested for a crime in New York, then call our office at (212) 577-6677 to get professional legal advice.

A subpoena is an order directed to an individual commanding him/her to produce documents in a pending lawsuit or to appear in court on a certain day. A subpoena does not allow the investigator to immediately search and seize any of the records enlisted to be produced.

Often at times, the individual does not know the significant difference between a subpoena and a search warrant, which therefore leads the individual to improperly disclose the material and expose him/herself to civil liabilities.

On the other hand, a search warrant is an official order authorizing a search and seizure of specified records and files. If necessary or appropriate, the individual can challenge the seizure in court later.

An individual who is issued a subpoena to produce documents or a search warrant should contact an attorney about his or her condition. He/ She should not talk to investigators without the benefit of counsel.

It is also important for the individual to not attempt to falsify records because not only is the falsification of medical records a criminal act under both federal and state law, current technologies provides government investigators unprecedented ability to detect instances of falsified records.

What is the difference between an arrest warrant and a bench warrant?

An arrest warrant is a Court ordered permission issued by the police to arrest the named individual. However, an arrest warrant is not necessary in all circumstances to arrest a specific individual.

A bench warrant is a warrant issued by the judge to order the defendant to show up in court after failing to appear in court when he/she received a summons or subpoena.

What happens if I failed to show up after receiving a bench warrant?

The Court can order a Writ of Attachment, the document by which a Court orders seizures of money and/or property prior to getting a Judgment in Court.

Failing to appear before the Court after receiving a bench warrant can also cause the Judge to issue Bail instead of Release On Recognizance, a release on your word promising that you will show up to Court at the appointed times, or increase bail to a greater amount to secure your appearance in Court.

Thus, it is extremely important to show up for all of your scheduled Court dates.