Radiation scanners mounted on squad cars seems like a scene out of a futuristic science fiction movie. But, if the NYPD and Police Commissioner Raymond Kelly have their way, it will be a reality sooner than you might think. The agency is working to develop a system of scanners that will identify people on the street who might be strapped with a firearm. While it’s all done in the name of public safety, one has to wonder if the end justifies the means.

The technology is said to work similarly to infrared imaging. The scanners will detect radiation that is emitted from the human body. Because this energy cannot travel through metal, it will be able to identify if that person is carrying a gun, theoretically. Of course, it could raise red flags if they are carrying an iPod, a smart phone, or anything else made with metal.

“This technology has shown a great deal of promise as a way of detecting weapons without a physical search,” says Commissioner Kelly according to the New York Post, who revealed the program in his State of the NYPD address.

Kelly would like to see the technology installed on cop cars in the near future. But, the technology still needs some work.

Currently, the scanners only work from a distance of three to four feet. The department would like to see them work for up to 25 meters, scanning in every which direction from within the comfort of a squad car.

As civil liberties lawyer Norman Siegel points out, “It will make an already aggressive policy of stop, question and frisk seem tame.”

The NYPD are already notorious for stopping and frisking disproportionate numbers of minorities, all on the premise that the neighborhoods in which they are found make them more likely to be involved in criminal activity. If a scientifically “sound” device now tells them when someone is carrying a metal object, they could use this potential weapon as justification for treating such innocent citizens as being armed and dangerous.

Photos shown of the new technology do indicate that it does little more than provide a blurry outline of whatever metal object is detected. It’s easy to see how an iPhone, for example, could be mistaken for a small firearm.

Chances are we have not heard the last of this imaging technology, and opposition to it will likely grow as it becomes closer to reality.

When you are searched, the officer should have good cause to have stopped you and have evidence that they could find something on you indicating a criminal offense. Understanding the laws regarding searches and seizures is something your defense attorney can assist you with.

If you’re facing criminal charges, contact us today for a consultation on your case and to see how we might be able to help.

An undercover officer with the NYPD went on a shopping spree of sorts over the past several months, according to the Daily News, buying drugs and guns in an effort to take down a ring operating in very close proximity to a school.

Four men are in custody and three additional are being sought in this case that involves drugs and high powered firearms.

All seven men are facing charges of dealing ecstasy and cocaine as well as selling 27 weapons, including semi automatic pistols and assault rifles. Sgt. Patrick Mulcahy states these weapons “were definitely used street guns.”

Twenty one year old Marcel Navarro, twenty year old Juan Lopez, twenty four year old Christopher Navarro and Kenny Grullon, twenty years old, are the four currently spending time in jail. The three on the lam are known only as their monikers: Pimples, Shorty, and Chocolatey.

Over the past ten months, the undercover agent was able to make purchases from the men who were operating near PS 98 on West 212^th Street. While their exact charges are currently unknown, chances are they will face elevated charges due to the location of their operation in regards to the school.

There are many factors that can make serious criminal charges even more serious. Where they occur is just one of these factors. Being accused of selling drugs near a school can seriously impact the charges against you.

Whether facing charges of criminal possession of a firearm or possession of marijuana, you want to be certain you are exploring all of your options. Having an aggressive defense attorney can help.

I have handled many drug cases in New York criminal courts and I would be honored to assist you with yours. Contact me to discuss the details of your case.

Unlawful Possession of a Firearm is the most commonly charged New York weapons offense and it is the one that had taken NFL star Plaxico Burress out of the game for some time.

Burress agreed to a 2 year sentence which he will begin serving after official sentencing on September 22.  A former receiver for the New York Giants, Burress certainly isn’t the only professional athlete who has found themselves on the wrong side of the law; he is simply the latest.

It was a Friday night in November 2008 when Burress and some teammates were in the Latin Quarter nightclub. Burress stumbled up some stairs when the loaded weapon discharged and shot him in the thigh. He spent the night in a New York hospital.

Burress said had he known there was a minimum 3 ½ year sentence for carrying a concealed firearm without a license, he would have never done it. His 2 year sentence is likely the arrangement of a plea bargain with the prosecutor.

Although we are guaranteed the right to carry firearms, there are many rules governing this right. In order to carry a weapon like Burress was, you must be licensed and the firearm cannot be loaded.

Many gun crimes are considered felonies and carry potentially lengthy prison terms. In addition to prison time, when convicted of a felony, your rights are forever changed. A felony conviction will follow you forever.

When you own or carry a firearm you must be conscious of the laws of our state. When you are ignorant to the laws, you run the risk of violating them.

If you have been charged with a weapons offense in the state of New York and need an experienced local attorney, I can help. Call me immediately to discuss the details of your case.

A weapon responsible for the shooting of an NYC police officer has had its roots examined in this interesting piece from the New York Times. A journey in the life of an old revolver shows just how a weapon can go from legitimately owned firearm to a weapons charge.

photo credit: SoulRider.222

A .32 caliber revolver was found when Officer Rodney Lewis was performing a search on an arrestee. The gun fell out of Edwin V. Santana’s waistband and discharged when it hit the ground. Lewis was shot in the chest and was released from the hospital this past week.

The police spent some time trying to uncover the life of this weapon, discovering it was made in 1946 and changed hands many times. They lost track of its journeys from 1976 on when it was reported “lost” by the owner.

This means for the past 33 years the revolver was not legally owned. It evaded police for over 3 decades. It could have been in a sock drawer for 20 of those years. Perhaps, however, it was carried throughout the city, being used in threats or snugly stashed away in a purse or waistband like Mr. Santana’s.

Whatever the case, this is a good example of the opportunity for a weapons charge. It is difficult to say just how many firearms like this one are on the streets of the city. But we know they are picked up on a daily basis and result in numerous cases in the court systems.

New York’s gun laws are quite extensive. Although we are guaranteed the right to bear arms, this right must be controlled with regulations to keep the streets safe.

Even if using the weapon was not your intention, you can be charged with a weapons offense for simply possessing some guns. Check out this brief summary of our state’s gun laws and you will see there are many ways a gun can get you into trouble.

If you are facing weapons charges and in need of a determined defense attorney, call me to discuss your case right away.

Gun buyback programs gained popularity in the violent crime waves of the1980s. Some communities continue to use this as a program to keep firearms off the streets. But do these programs really reduce violent crimes or are they simply a “symbolic” gesture by law enforcement?

It’s true that offering $200 for a weapon will likely draw people to bring in their firearms. But, more interestingly, how many of these people are bringing in all of their weapons and how many are simply bringing in the ones they don’t have a desire to use anymore? It is difficult to measure the actual effectiveness of these programs and there are differing opinions about their effectiveness.

Law enforcement typically says that these programs do work. Any firearm they collect is a firearm not being used on the street. The likelihood that the firearms turned in would have been used in a violent crime is probably very rare. According to this article at Newsday.com, some people feel that these programs simply make people “feel good” but do little to combat crime.

A study of the programs was done at the University of California at Davis which found that buyback programs only netted 1-2% of total guns and those bought were rarely guns that would’ve been used in the commission of a crime.

In an effort to multiply the effectiveness of the programs, many communities have tightened the regulations and procedures surrounding them. For instance, they won’t accept guns from dealers or broken guns, and will question the owners of legally licensed guns. What law enforcement agencies are seeking in these buyback programs are illegal firearms.

Firearms laws are extensive and confusing. In an effort to reduce accidents and also reduce instances of violent crime, there are laws carefully governing the use, possession, and carrying of firearms. For a brief summary of some of New York’s most commonly prosecuted firearm offenses, take a look here. And if you find yourself facing any weapons charge in New York state, take advantage our our legal experience and get some much needed advice in a free consultation from our New York defense attorneys.