Donald KellyNov 21, 20202 min readIts a mistake.Robin Pena was operating his vehicle in the Bronx in an apparently legal manner when he was stopped by law enforcement for an equipment...
Donald KellyNov 13, 20201 min readGun suppressed for improper vehicle stopIn People v. Fitts [KA 18-00872] the Fourth Department ruled that the stop of a suspicious vehicle in an area where shots were fired was...
Donald KellyNov 13, 20201 min readSuspicious behavior does not permit chase.In People v. Martinez-Gonzalez, [KA 17-01095] the Appellate Division Fourth Department reversed the Fifth District Supreme Court,...
Donald KellyNov 9, 20201 min readIs kicking and screaming justified?The question arises whether a suspect resisting arrest is justified in kicking and flailing their body in response to a "gang arrest." ...
Donald KellyNov 8, 20201 min readNo Due Process for Skin CellsOn October 22, 2020 the Court of Appeals heard the case People v. Goldman, which was based partly upon the question of a suspect's right...