Legal Opinion

United States v. Diaz

District Court, S.D. New York

Decided August 14, 2015No. 15-CR-272 (JMF)PublishedCited by 23 opinions

1Opinion of the Court

OPINION AND ORDER

JESSE M. FURMAN, District Judge:

Defendant Jose Diaz, charged with one count of being a felon in possession of a firearm in violation of Title 18, United States Code, Section 922(g) (Docket No. 6), was arrested after a police officer encountered him drinking alcohol in the stairwell of an apartment building and a search revealed that he was in possession of a firearm. He now moves to suppress the firearm on the ground that it was obtained in violation of his rights under the Fourth Amendment to the United States Constitution. (Docket No. 9). Diaz’s motion presents two…

2Cases cited50 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Katz v. United StatesSupreme Court of the United States · 1967
  4. Whren v. United StatesSupreme Court of the United States · 1996
  5. United States v. SokolowSupreme Court of the United States · 1989

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3Cited by23 opinions

  1. United States v. DiazCourt of Appeals for the Second Circuit · 2017
  2. Boyler v. City of LackawannaDistrict Court, W.D. New York · 2018
  3. N.Y.S. Rifle & Pistol Ass'n, Inc. v. BeachDistrict Court, N.D. New York · 2018
  4. Brathwaite v. City of New YorkDistrict Court, S.D. New York · 2023
  5. Cooper v. Bonobos, Inc.District Court, S.D. New York · 2022

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