People v. Sullivan

Defendant, Daniel J. Sullivan, has been indicted for the unlawful possession of a loaded pistol. Defendant moves to suppress the introduction of the pistol into evidence and for the dismissal of the indictment which was *209obtained on the basis of the introduction of the pistol into evidence before the Grand Jury, contending that the pistol is the fruit of an unconstitutional search and seizure.

The State claims that the pistol was discovered as a result of a “ custodial measure to protect the owner’s property and to protect the impounding agency from false claims.” For this reason, the State…