Rockstar and lead singer of Cage the Elephant, a Grammy-award winning band, was arrested in lower Manhattan Friday and charged with two counts of criminal possession of a firearm – felonies that carry a punishment of several years in prison. The guns were allegedly recovered from the singer’s hotel room at the Bowery Hotel, along with Polaroids of the firearms and a note indicating that he needed to protect himself.
Any defense of of the singer, Matthew Schultz, would begin with analyzing how the police gained access to the hotel room in the first place.
Was there a search warrant issued?
Is there a confidential informant?
Did Mr. Schultz give the police permission to enter his room?
If neither of the above occurred, the police could have violated his constitutional rights to be free from unlawful searches and seizures.
Our very own Barry Kamins, who literally wrote the New York State book on Search & Seizure, has filed many successful motions to suppress unlawfully seized items and to controvert improperly authorized search warrants.
Moreover, there will certainly be questions whether these firearms were lawfully purchased by Mr. Schultz, and what threats he may have been facing, and from whom. One thing is clear, because of his rockstar status, there will be a lot of attention given to Mr. Schultz’s case, both by the Manhattan District Attorney’s Office, as well as the public and fans of Cage the Elephant.
If you or someone you know is fighting for their freedom because of pending charges against them for possession of a weapon or firearm, contact the criminal defense attorneys at Aidala, Bertuna & Kamins today.
At Aidala, Bertuna & Kamins, our criminal defense lawyers have a wealth of experience in both Federal and State Court, and have defended some of the most high profile cases in the country. Contact us today if you or someone you know is facing criminal charges of any kind.
Michael Jaccarino, and the criminal defense attorneys at Aidala, Bertuna & Kamins, PC, have decades of experience.
For more information or more fact-specific discussions, call our office and ask to speak with attorney Michael Jaccarino.