Published on:

The issue on the appeal is whether there was probable reason to arrest the offender


A man was sentenced as a youthful criminal offender and five years probation upon his guilty plea to robbery in the second degree. Afterward, the probation department filed a declaration of delinquency and specifications alleging that the man had violated the terms and conditions of his probationary sentence by knowingly and unlawfully selling a narcotic drug. The same criminal allegation led to the man’s indictment for criminal sale of a controlled substance in the third degree. Subsequently, he has pleaded not guilty to both allegations.

On the motion filed, the man contends that all proceedings on the violation of probation must be held in abeyance pending resolution of the charges in the indictment.

Sources revealed that a former justice held that a judicial declaration of delinquency and the issuance of a bench warrant for a probationer’s arrest are not authorized upon a mere allegation or showing that the probationer has been arrested for a new offense.

In the case of the man, a formal charge has been filed and the man has appeared with his attorney, and a full adversary hearing will be conducted on the issue of whether he committed the acts of which he stands accused in the declaration of delinquency and specifications.

Consequently, that court stated that no principle of law or consideration of legally cognizable prejudice to the man requires that the hearing on the violation of probation await resolution of the underlying charges. As a result, the man’s motion should be denied in all respects.

Another related case was presented in court were another man was indicted for one count of criminal possession of a controlled substance in the fourth degree from the alleged offense of cocaine possession. The man however moved to suppress certain physical evidence on the criminal ground that it was the fruit of an unlawful arrest made without probable grounds.

After the trial, the branch of the motion which sought suppression was granted, and the city appeal from that order.

The issue on the appeal is whether there was probable reason to arrest the offender where, the arresting officers acted on the basis of a radio bulletin. The court then stated that the city must prove the content of the information which was conveyed in the said bulletin, and there is no presumption of its sufficiency to establish the probable cause.

The undercover officer testified that he approached someone who asked him what he wanted. The officer responded four and the man gave him $20 of prerecorded money. The man then went to the doorway in an adjacent alley where a second man leaned out. The two men conversed for no more than 10 seconds and they briefly touched hands, as if they were shaking hands. The man returned to the officer and gave him four foil packets which were later found to contain criminal cocaine. The whole exchange took no more than a minute. The undercover officer then returned to his car and radioed the above facts to his backup team who arrived in about three minutes. They found the offender, who was wearing a black tee shirt, and the man standing at the front of the alley and arrested both of them. The undercover officer had only described the second man as wearing a black tee shirt.

Sources revealed that probable cause to arrest requires far less proof than is required for conviction. Moreover, to establish probable cause it is necessary to meet a two-pronged standard which includes that there is probable cause to believe that a crime has been committed, and there is probable cause to believe that the individual to be arrested committed the crime.

Consequently, the court stated that suppression of the physical evidence seized from the offender pursuant to his arrest was proper.

If someone accused you of wrongful allegations and you wish to maintain your constitutional rights, you can seek legal representation from the Queens County Criminal Lawyer. Furthermore, you can also hire the Queens County Drug Attorney whenever you get involved on drug related offenses. Simply visit Stephen Bilkis and Associates office for more information.

Posted in:
Published on:

Comments are closed.

Contact Information