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By NICK SABO Staff Writer
Trial court erred in granting motion to suppress evidence. Because there was probable cause to believe there was contraband in the vehicle, the automobile exception allowed a warrantless search of the vehicle.
Concluding a police officer had reasonable cause to stop and detain the defendant, the U.S. District Court for the Western District of New York denied the defendant's motion to suppress as evidence the gun found in his car. Specifically, Judge Charles J. Siragusa in United States v. Ralph Forte determined the police officer was justified in stopping and detaining the defendant based on information provided by a person who approached the police officer. The judge also determined the police officer had probable cause to arrest the defendant based on a violation of a city law which required that the gun be in a locked case.
Where the police obtained evidence after a detention, and the People presented no evidence for the court to determine whether the detention was valid, the defendant moved to suppress the evidence stemming from the seizure. Reviewing the facts in People v. Marquise L. Lee, Monroe County Court Judge Richard A. Keenan granted the defendant's motion to suppress all evidence stemming from the unlawful seizure. The court determined the record was silent as to the circumstances under which the police acquired the evidence.
SAN FRANCISCO -- Barry Bonds' personal trainer has joined two other defendants in the BALCO steroids case and withdrawn his motion to suppress evidence gathered in the investigation. Greg Anderson withdrew his motion on Monday, the day before the evidentiary hearing had been scheduled, said Luke Macaulay, a spokesman for the U.S. Attorney's office in San Francisco.
Aggravated murder; motion to suppress identification evidence; overly-suggestive photo array; sufficiency.
Trial court did not abuse its discretion in denying appellants motion to suppress evidence.
CRIMINAL - Appellant's motion to suppress evidence from an allegedly illegal stop was properly denied by the trial court.
CRIMINAL - No error occurred by trial court in denying Appellant's motion to suppress evidence during traffic stop for OVI.
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