Defendant Damien Roman, who was charged with driving while intoxicated and related charges, challenged the constitutionality of his stop and arrest, as well as the admissibility of statements made by him at the time of his arrest and statements defendant made at Southampton Town Police Headquarters while on the phone with his attorney as defendant was handcuffed to a table.
Acting Suffolk County Supreme Court Justice Steven Pilewski noted that although a police officer afforded defendant the opportunity to speak with his attorney over the phone when requested, the police officer remained in the room during defendant’s telephone conversation with his attorney and made no attempt or effort to leave the room during that call.
Acting Suffolk County Supreme Court Justice Steven Pilewski. Courtesy photo
