Prosecutors will not be able to use four guns seized from a Bronx resident as evidence in an illegal weapons possession case because police opened the bag containing the guns without a warrant, even though the defendant told them the bag contained guns and produced it at their request, a Bronx judge has ruled.
Following a tip in April 2010, police came to the apartment shared by the defendant, Calvin Green, and his mother, according to Bronx Supreme Court Justice Edgar G. Walker’s decision in People v. Green, 3648-2010. Police told the mother, identified in the decision only as Ms. Kelly, that they wanted to come inside to talk about some neighborhood shootings. Ms. Kelly did not explicitly consent to the entry but did not ask the officers to leave, according to the decision.
