I start with a comprehensive review of all circumstances leading to the search. If a warrant exists, I obtain the search warrant and the supporting affidavit.
Then I challenge the warrant's validity. Was the probable cause sufficient? Was the warrant too broad? Did officers exceed its scope?
If the search was warrantless, I examine which exception officers claim and whether it actually applies. Most of the time, it doesn't.
I submit FOIL requests for body camera and dash cam footage. Video evidence often contradicts what officers wrote in their reports.
I interview witnesses about what officers said and did. Witness testimony can be powerful evidence that the search was illegal.
I file detailed motions to suppress in criminal court with specific legal arguments tailored to your case. While that's happening, I'm simultaneously building your civil rights case for damages.
I have experience with Queens precincts:
- 104th Precinct (Ridgewood, Middle Village, Glendale)
- 105th Precinct (Queens Village, Cambria Heights)
- 108th Precinct (Long Island City, Sunnyside)
- 109th Precinct (Flushing, Whitestone, Bay Terrace)
- 110th Precinct (Elmhurst, Corona)
- 111th Precinct (Bayside, Douglaston, Little Neck)
- 112th Precinct (Forest Hills, Rego Park, Kew Gardens)
- 113th Precinct (Jamaica, Hollis, St. Albans)
- 114th Precinct (Astoria, Long Island City)
- 115th Precinct (Jackson Heights, East Elmhurst)
I've had success in Queens criminal courts and federal court (EDNY). I know how to win these cases.
Criminal suppression:
When evidence is excluded, charges are often dismissed. Without their key evidence, prosecutors can't prove their case. Sometimes they offer a favorable plea deal instead because their case is weak.
Civil damages:
Compensation for the rights violation itself, including:
- Recovery for property damage or loss
- Damages for emotional trauma and invasion of privacy
- Compensation for any physical injuries during the search
- Punitive damages when officers knowingly violated clearly established law
Even partial victories matter. Limiting the scope of evidence admitted can reduce charges or improve plea offers.
Your civil case can succeed even if the criminal suppression motion is denied. Different legal standards apply. Different burdens of proof.