The rights of all citizens must be protected from violent attacks and other unjustified personal intrusions. At the same time, a defendant must be guaranteed the presumption of innocence to help prevent against ill-conceived prosecutions. In New York and elsewhere, there is a history of hate crimes against Sikhs, who are members of a religious sect from India. One 20-year-old man was recently arrested in New York and faces felony charges in the nature of hate crimes against a Sikh professor at Columbia University.
Granted that the authorities and the defense usually see the facts from two different prisms. But can the chasm be this wide? The police recently arrested an EMT employee at his Brooklyn home where they found an alleged arsenal of guns and two pipe bombs. The New York man's counsel told the court that these were mostly props, inoperable guns and two cylindrical fireworks mistaken by police to be pipe bombs. The police had been called to the home by the man's wife on domestic violence allegations.
The police nationwide appear to be focusing on arresting those who download and trade child pornography on the Internet. Arrests occur daily throughout the country and in New York. The suspects arrested are not those who direct, produce and film child porn. They are persons who download and view the materials. Thus, it is rarely reported that anyone has been arrested for the sex offenses of producing or filming child porn, instead the vast majority of arrests are of those who download the materials on the Internet.
When the authorities arrest someone in their home for drugs, the job of defense counsel is to thoroughly investigate the facts and the details of the police procedures. In some instances, there can be fallacies on the face of a search warrant that may be asserted. In New York when drug charges are made under these circumstances, It must also be confirmed that there was probable cause sufficient to obtain a search warrant.