Freedom of Information

New York City Intoxilyzer Breath Testing Records Now Available Online!

May 9, 2015
BREATHALYZER RECORDS GRANTED IN BRONX DWI CASE

All NYPD Intoxilyzer records are now available to the public.  Following our lengthy legal battle, Law Offices of Daniel A. McGuinness, PC is now exclusively hosting all of the maintenance, repair and calibration records for the Intoxilyzer 5000EN breath testing machines used by the NYPD.  We currently have all records from January 2008 to August 2012, and will […]

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Breathalyzer Records Granted in Bronx DWI Case

January 16, 2015
BREATHALYZER RECORDS GRANTED IN BRONX DWI CASE

Today we received a Decision and Order from the Bronx County Criminal Court granting our discovery requests for all materials related to the Intoxilyzer 5000EN machine used to test our client’s breath on the night of his arrest.  As with many DWI cases, the prosecutor fiercely resisted our attempts to see the documents related to […]

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Appellate Court Rules Breathalyzer Materials Must be Disclosed

December 11, 2014

Earlier today the New York State First Appellate Division affirmed the lower court and ordered that the NYPD turn over the breathalyzer maintenance records we have been fighting for.  Today’s decision found the NYPD’s claims that the release of the documents would interfere with pending DWI matters completely unsupported. We began this fight over two […]

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Discovery decision uncovers prosecutorial wrongdoing

November 12, 2014

After nearly a year of stalling, the New York County District Attorney’s Office has finally asked the NYPD what New York law has required for decades: Has the breath machine in a specific case ever been repaired? However, when the answer is “Yes”, the Manhattan DA’s Office is still trying to avoid fulfilling its legal […]

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When Can Police Conduct a Search Without a Warrant?

January 2, 2014
When Can Police Conduct a Search Without a Warrant?

In a previous post, we discussed search warrants in detail. A search warrant is a legal document that gives law enforcement officers judicially sanctioned authority to conduct a search for evidence of a crime. In general, police need to have a search warrant in order to conduct a search. This requirement is based on the […]

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Defenses to Criminal Charges

December 24, 2013

If you are facing criminal charges, you may be wondering what defenses are available to you. An experienced criminal defense attorney can help you understand whether you have a viable defense to the crime with which you have been charged. As you may already know, a prosecutor must prove that a criminal defendant is guilty […]

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What is a Search Warrant?

December 18, 2013
WHAT IS A SEARCH WARRANT?

This post will discuss what a search warrant is and the steps law enforcement officers must take to get one. If police have served you with a search warrant, contact an experienced criminal defense attorney right away. A search warrant is a legal document that authorizes law enforcement officers to search a specified place for […]

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Can Police Tap My Cell Phone?

December 10, 2013
can police tap phone

Some of the most popular crime movies and television shows feature “tapped” phones and law enforcement officers listening in on suspects’ phone conversations. In Goodfellas, Henry Hill is obsessed with whether or not investigators have tapped his phone. In The Wire, members of Avon Barksdale’s drug empire use “burners,” or “disposable” phones, to avoid having […]

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Body Cavity Searches – Can Police Conduct on Anyone?

December 3, 2013
Body Cavity Search

Earlier this month, civil rights lawsuits filed against New Mexico law enforcement officers after they conducted highly invasive body cavity searches made headlines. Two men, who were each pulled over for traffic violations, were forced to undergo body cavity searches after a drug dog alerted to their cars. One of the men was subjected to a […]

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Major Developments in New York City Stop-and-Frisk Case

November 19, 2013

In a previous post, we addressed the controversy surrounding the stop-and-frisk practices of the New York City Police Department. We also discussed Floyd v. City of New York, the class action lawsuit alleging that New York City officials and NYPD officers violated the constitutional rights of hundreds of thousands of people via the NYPD stop-and-frisk […]

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