238453. Sign up for our free summaries and get the latest delivered directly to you. Search warrants are issued by judges at the request of law enforcement. A Judge of this Court granted the People leave to appeal (33 NY3d 976 [2019]). However, Siegal struck back with a letter to Judge Feuerstein regarding the prosecutor's intentions to pursue criminal action against Drago: In its letter, the Government has asserted that, notwithstanding the suppression of theevidence, it intends to proceed with prosecuting John [Drago]. Siegal, one of the top white collar attorneys in the country and a former federal prosecutor, has uncoveredyet another 4th Amendment violation, this one in the Eastern District of New York. This site is protected by reCAPTCHA and the Google. Wilson, J. California v. Lee :: 2019 :: California Courts of Appeal Decisions Although a defendant must preserve a state constitutional analysis, Mr. Gordon has maintained throughout this litigation that the holdings of our jurisprudence should not follow the federal appellate extensions of United States v Ross, and that the rationale and considerations that undergird our jurisprudence counsel against adopting any extension of Ross that might displace them. Seventh Circuit Holds that Evidence Gathered Through an Unlawful Search of a Home May Be Admissible Under the Independent Source Doctrine Even if Tainted Evidence Is Described in the Warrant Application. Even were we writing on a blank slate, we would not adopt the rule advocated by the People. People v Ponder, 54 NY2d 160, 165 [1981] ["(S)ection 12 of article I of the New York State Constitution conforms with the Fourth Amendment regarding the proscription against unreasonable searches and seizures, and this identity of language supports a policy of uniformity in both State and Federal courts"]). [citing to federal and state case law]). THE STATE v. ROSENBAUM et al. Get free summaries of new New York Court of Appeals opinions delivered to your inbox! People v Hansen (38 NY2d 17 [1975]), also cited by the Court in Sciacca, is likewise factually inapposite and not controlling. at 822 [emphasis added]). There is no "constitutional distinction between 'worthy' and 'unworthy' containers" (id.). During execution of the warrant, the police searched two vehicles: (1) a Nissan Maxima parked on the driveway of the property and (2) an unregistered 2000 Chevrolet sedan parked in the backyard. G.R. No. 238453 - Lawphil Minnesota v. Dickerson, 508 U.S. 366 (1993). - Legal Information Institute . the data for elephant Poaching, Ivory Prices in china, Vietnam and As a repeat offender, a Passaic County judge sentenced him to consecutive prison terms totaling 25 years, and at. In this area of constitutional law, we have set forth principles that would be unduly weakened by the People's preferred rule (see People v Johnson, 66 NY2d 398, 407 [1985]). The majority's "clarif[ication]" of the cases (which comes nearly a half century later), transforming them into state constitutional decisions, is nothing short of judicial legerdemain (majority op at 19). By Jason S. Cherry, J.D. As a consequence, police officers obtained a warrant for the "entire premises" of 529 Monroe Street, notwithstanding the fact that when they applied for the warrant, the police officers knew that the address contained two separate apartmentsone belonging to the suspect of the search, the other to an innocent third party. We explained: "The observations of the police were that this van had made 'trips in and out carrying at least one other person in addition to the driver', and that it was 'the sole vehicle observed entering and leaving these premises on a regular basis'. According to the Government, it willnow more than one year after seeking the indictment, more than six years after theexecution of the search, and almost eight years from beginning its investigation into Johnsbusiness ask the grand jury to issue yet another charge against John, by way of anostensible superseding indictment, and to expand on the description and scope of the conductcharged in the current indictment. 2019) Jun 10, 2020 133 Harv. Failing to do so, we accomplish the reverse. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. 2021 NY Slip Op 01093 The police searched a car based on the smell of marijuana. . the premises" (Percival, 756 F2d at 600; compare United States v Reivich, 793 F2d 957, 963 [8th Cir 1986] [exempting "vehicle(s) of a guest or other caller" from the permissible scope of a premises warrant] with United States v Cole, 628 F2d 897, 899-900 [5th Cir 1980] [upholding the search of a truck of a third party that arrived on the property during the execution of the premises warrant]). The Supreme Court has held that a passing parallel reference to the State and Federal Constitutions is insufficient to satisfy the plain-statement rulei.e., that a case was decided on a state-law ground (see e.g. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. Texas court to decide if 2 drug seizures were legal In Hansen, we held that police officers had sufficient cause to search Hansen's residence after surveilling the residence for some time and observing pipes, scales, and other narcotics materials (Hansen, 38 NY2d at 20). Rainey established that probable cause to search a suspect's residence did not encompass the authority to search a separate residence, even if both were located on the same premises. Your 4th Amendment Rights The 4 th Amendment to the U.S. Constitution guarantees freedom from unreasonable search and seizure . One of the additional charges filed against Drago was that he was cashing checks totaling more than $10,000 without filing a Currency Transaction Reports (CTR). It is the majority's treatment of the state constitutional issue that is most problematic. Biden Rips Republican on Drug Deaths: 'That Fentanyl They Took Came Although this Court has, starting in the 1980s, adopted "independent standards" under the State Constitution,[FN10] we have also continued to stress that the history of article I, 12 of the New York Constitution "supports the presumption" that the provision against unlawful searches and seizures conforms with that found in the Fourth Amendment (People v P.J. Justice Ginsburg delivered the opinion of the Court. The safety of students and staff and the need to . Recent Court of Appeals Decision: 4th Amendment Violation | Search (c) A designated or described person"]). The majority's response to the analysis of Ross conducted by all the federal circuit courts and other state courts that have considered the issue is to express "skeptic[ism]," with an added footnote that explains that the Supreme Court in Ross did not disturb the fundamental principle that searches must be bound by probable cause (majority op at 6 and n 1). D E C I S I O N. LEONEN, J.: For a "stop and frisk" search to be valid, the totality of suspicious circumstances, as personally observed by the arresting officer, must lead to a genuine reason to suspect that a person is committing an illicit act. You can explore additional available newsletters here. In People v Sciacca (45 NY2d 122 [1978]), we held that a warrant authorizing a search of a defendant's van does not permit a forcible warrantless entry into another person's locked buildinga garagein order to execute the warrant (id. Counts 5 through 9 rested in large part on the physical evidence seized from the two vehicles. Reviewing the warrant materials, Supreme Court concluded that probable cause was lacking in this case because the detective's affidavit made no mention of the vehicles or otherwise "provide[d] any specific probable cause [to believe] that the vehicles were involved in the criminal activity." The People rely heavily on United States v Ross (456 US 798 [1982]) and several decisions of Federal Courts of Appeals that have determined, under the U.S. Constitution, that a warrant to search an "entire premises" may, under certain circumstances, impliedly authorize a search of automobiles found on the property (e.g. In the Nissan, which defendant was borrowing from the owner, the police found heroin, marijuana, cocaine, money, and drug paraphernalia. Jewel v. NSA | United States Courts at 825; see People v Langen, 60 NY2d 170, 180-181 [1983] [applying Ross and declining to adopt a different rule under the New York State Constitution]). InJune 13, 2017, U.S. District Judge Alison Nathan delivered a blistering account ofthoseFBI raidsWey's attorney. at 127). At the police station, Detectives Fichter and Latorre conducted an inventory search of Williams' car in accordance with the NYPD's . So important is the role of the neutral and detached magistrate that we have in the past parted ways from federal constitutional jurisprudence when we believed that an emerging rule of federal constitutional law "dilute[s] . Shield's allowed government prosecutors to submit their objections but they took a pass saying that they intended toreturn all of the records seized in the raid as well as destroy the electronic images it created as a result of the seized information. Both conclusions fundamentally alter our jurisprudence. The dissent offers an array of arguments for how probable cause to search the vehicles could be established by their proximity to alleged drug trafficking. Little Falls NJ: Chris Radel search illegal, NJ Supreme Court rules Nevertheless, the majority argues that defendant's reliance on those cases, without more, was sufficient to preserve a state constitutional argument (see majority op at 16-17). No. While this Court has not yet had the opportunity to answer it, the question is certainly not a novel one for courts. From the search of the Nissan, the police retrieved quantities of heroin, cocaine, and assorted drug paraphernalia. Nevertheless, this concern exists. Even were we to put aside the contrary reasoning of Hansen and Dumper, the dissent never addresses the fundamental tenets of our search warrant jurisprudence: it is the magistrate, and not the police officer, who determines the scope of the search conducted pursuant to a warrant (Hanlon, 36 NY2d at 559; P.J. PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. JAIME SISON, LEONARDO YANSON, AND ROSALIE BAUTISTA, Accused. 211214. Probable cause must be shown in each instance" (id. Search - Supreme Court of the United States This case considers, for the first time in Georgia, the effect of the State's delay in obtaining search warrants for data contained in electronic devices when those devices were originally seized in a warrantless, but lawful, manner by police. The Supreme Court did not address whether a search of an automobile could be upheld when the information supporting a warrant application is determined by a magistrate to justify the search of a premises but makes no mention of vehicles located on the property. Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources The warrant here authorized the search of a particular van and nothing else. Roadways to the Bench: Who Me? In a 2017 case involving Wall Street financier Benjamin Wey, defense attorney David Siegal, said that FBI agents had gone too far in their search for random items during a raid on Wey's office and residence. Shield to look into the matter. The majority's rejoinderthat the absence of any discussion of the State Constitution "does not render our repeated citations to [it] meaningless" (majority op at 18)makes a parallel citation the equivalent of principled state constitutional discourse. Our statement in that case, unrelated to specific facts before the Court, that "a warrant to search a building does not include authority to search vehicles at the premises" (id. Here, based on the uncontroverted probable cause to believe that defendant was engaged in drug trafficking on and around the premises of his residence, the warrant directed to the "entire premises" was sufficiently particular to "enable the searcher to identify the persons, places or things that [a court] has previously determined should be searched or seized" (see People v Nieves, 36 NY2d 396, 401 [1975]). That Court did, however, leave no doubtat least in the view of any other court to consider the issuethat the Fourth Amendment permits the search of containers found on the premises, such as the vehicles here. Video, Inc., 68 NY2d 296, 305-306 [1986]). In an omnibus motion, Mr. Gordon moved to suppress that evidence. Likewise, the People attempt to distinguish People v Dumper by arguing that the salient difference in Dumper was that the vehicle was driven onto the property during the execution of the warrant. The Chevrolet, parked in the backyard behind two fences, was unregistered. In Hansen, it appears that the Court rejected the argument that the affidavit on which the warrant was issued provided probable cause of trafficking, because it was factually deficient and the trafficking-related allegation was unreliable hearsay, thus undermining the related argument that there was probable cause to search the van as part of a drug business or because it was otherwise connected to the drugs in the house (id.). This not only underscores that the corresponding state and federal constitutional provisions reach the same result, but also demonstrates that, traditionally, the Court "follow[ed] a policy of uniformity with the federal courts" when considering search-and-[*9]seizure arguments (Judith S. Kaye, Dual Constitutionalism in Practice and Principle, 61 St. John's L Rev 399, 417 [1987]; see e.g. People v Garvin, 30 NY3d 174, 185 n 8 [2017] ["Any issues regarding whether New York Constitution, article I, 12 provides greater protection . During each alleged sale, a driver pulled up in front of the premises in their vehicle, and defendant exited his residence, approached the vehicle, and then returned to the house. In the appropriate case, Dumper may be relevant in assessing how we would decide that issue, but it is not relevant here. PDF Supreme Court of The United States In one of first impression for the Georgia Supreme Court, the issue this case presented centered on the effect of the States delay in obtaining search warrants for data contained in electronic devices when those devices were originally seized in a warrantless, but lawful, manner by police. It's a fact that check cashing businesses handle a lot of cash and with a lot of cash comes a lot of reporting. Here, there is no dispute that the search warrant was supported by probable cause to believe that defendant was involved in narcotics trafficking on his premises, and, unlike the vehicle in Dumper, defendant's vehicles were parked on the premises when the police arrived to execute the warrant. . Two subsequent cases did. The deponent set forth his experience, stating that he had been involved in more than 1,000 drug-related arrests, that he was familiar with the modus operandi of heroin dealers, that the activity taking place at the premises was consistent with narcotics transactions, and, based on the above, there was probable cause to believe drugs would be "found at the above described premises." Applying Ross, I would likewise hold that, where a warrant authorizes a search of the entire premises for items that could be found in a vehicle on those premises, it is reasonable to search a vehicle parked thereon, just as it would be for other containers found on the premises. What Is Constitutes an Illegal Search and Seizure? The garage had a structural and functional existence distinct from defendant's van which should have been recognized by the investigators" (id. A Bankruptcy or Magistrate Judge? Accordingly, the order of the Appellate Division should be affirmed. InAugust 2013,Special Agent Michael Snedekerprovided an affidavit to an Eastern District of NYmagistrate judge to request a search of Kayla. . After the House Homeland Security Committee heard testimony from a Michigan woman whose sons died after unknowingly taking the synthetic opioid in 2020, Taylor Greene tweeted a clip from the hearing. Administrative Oversight and Accountability, Director of Workplace Relations Contacts by Circuit, Fact Sheet for Workplace Protections in the Federal Judiciary, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. Supreme Court granted suppression, on constraint of People v Sciacca (45 NY2d 122 [1978]), and the Appellate Division affirmed on the determinative ground that the "search warrant did not particularize that a search of the vehicles was permitted" (169 AD3d 714, 714-715 [2d Dept 2019]). Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. In light of the Hansen Court's conclusion that there was no probable cause to search the van, the Court certainly did not confront whether the warrant to search the residence covered a search of the van "wherever located." If, as the dissent says, trafficking in drugs provides probable cause to search vehicles, the officers can set forth the results of their investigation, describe the vehicles they have observed, and [*6]make their case to the magistrate. The factual materials prepared for the search warrant made no mention of any vehicles associated with Mr. Gordon or the premises as allegedly being involved in the observed criminal activity. The dissent faults our prior decisions in Hansen, Dumper, Sciacca, and Rainey for failing to conduct an extensive analysis of whether state constitutional protections deviate from federal constitutional protections in this context, while simultaneously acknowledging that our state caselaw delineating that particular analysis postdates those decisions. But the location of that search was an im-pounded vehiclenot a home"'a constitutional differ-ence'" that the opinion repeatedly stressed. provided an affidavit to an Eastern District of NYmagistrate judge to request a search of Kayla. Opinion by Judge Wilson. Given that the cases cited by defendant did not engage in this weighty undertaking, it would be inappropriate to interpret those cases as creating a separately enforceable state constitutional standard. "This rule applies equally to all containers" (id. Video, 68 NY2d at 305; see also People v Gokey, 60 NY2d 309 [1983]; People v Scott, 79 NY2d 474, 487 [1992]; People v Keta, 79 NY2d 474, 498 [1992] [declining to incorporate a federal rule permitting warrantless searches of business establishments in light of the paramount importance of "advance judicial oversight" under Article 1, Section 12 of the State Constitution]; P.J. Finally, in People v Sciacca (45 NY2d 122 [1978]), we held that tax investigators who had a valid warrant to search an automobile exceeded the scope of that warrant by entering into a private garage in order to execute the search of the vehicle. Accordingly, those courts have held that, under the Fourth Amendment, "[a] search warrant authorizing a search of a certain premises generally includes any vehicles located within its curtilage if the objects of the search might be located therein" (United States v Gottschalk, 915 F2d 1459, 1461 [10th Cir 1990]; accord United States v Armstrong, 546 Fed Appx 936, 939 [11th Cir 2013]; United States v Johnson, 640 F3d 843, 845 [8th Cir 2011]; United States v Patterson, 278 F3d 315, 318 [4th Cir 2002]; Evans, 92 F3d at 543; United States v Duque, 62 F3d 1146, 1151 [9th Cir 1995]; United States v Singer, 970 F2d 1414, 1417-1418 [5th Cir 1992]; United States v Reivich, 793 F2d 957, 963 [8th Cir 1986]; Percival, 756 F2d at 612; United States v Asselin, 775 F2d 445, 447 [1st Cir 1985]).[FN4]. Thus, the majority upsetsto say the leastthis Court's well settled preservation rules holding that defendant preserved an argument that the State Constitution provides heightened protection simply by citing several New York cases in which the sole reference to the New York Constitution is in a parallel cite with the Federal Constitution. A search warrant must direct a search of one or more of the following: A designated or described place or premises; A designated or described vehicle, as that term is defined in section 10.00 of the penal law; In this case, the police officers obtained a search warrant for two out of the three: (1) "the person of Tyrone Gordon" and (2) "the entire premises" from which Mr. Gordon was seen emerging. To address the continued viability of caselaw premised upon our interpretation of both the U.S. and the State Constitutions, we now clarify thatat the very leastthose cases accurately set forth our state constitutional law. The importance of upholding our preservation rule that requires a defendant to make a specific state constitutional argument is buttressed by United States Supreme Court precedent concerning an independent state ground for purposes of that Court's jurisdiction (see Michigan v Long, 463 US 1032, 1044 [1983]). . Illegal Search and Seizure: Recent Dc Court of Appeals Decision Here, no vehicle was designated or described in the warrant, and the People have not argued that the police had probable cause to engage in a search of anything outside of what was designated or described in the warrant. a premises) does not impliedly encompass the others. Thus, to be valid, a search warrant must be "specific enough to leave no discretion to the executing officer" (People v Brown, 96 NY2d 80, 84 [2001], quoting People v Darling, 95 NY2d 530, 537 [2000]). Contrary to the assertion of the dissent, this issue has been preserved and developed by both parties throughout the course of this litigation, which is perhaps why the People themselves have not argued that Mr. Gordon's contentions are unpreserved. . at 299). You may opt-out by. The court issued a search warrant authorizing a search of Defendant's "person" and the "entire premises." As the Court made clear, the fact that the warrant in Sciacca "authorized the search of a particular van and nothing else" did not mean that "a vehicle may never be searched while on private property" (id. G.R. Cases - Search and seizure - {{meta.siteName}} People v Gordon In Sciacca, our statement that "a warrant to search a building does not include authority to search vehicles at the premises" was arguably dicta because the facts there involved whether a search warrant for a vehicle authorized an intrusion into a premises, and not vice versa. These protections take shape in two ways . Pero hay contrastes con el caso de los papeles recuperados en la residencia de Trump. In this case, the Suffolk County Police Department applied for and obtained a warrant to search the "person of" defendant and "the entire premises located at" an address believed to be defendant's residence, "a 1 story ranch style house." To further that role, our constitution assigns to the magistrate the tasks of evaluating whether probable cause exists to initiate a search and defining the subjects to be searched (see Nieves, 36 NY2d at 402 ["In reviewing the validity of a search warrant to determine whether it was supported by probable cause or whether it contained a sufficiently particular description of its target, the critical facts and circumstances for the reviewing court are those which were made known to the issuing Magistrate at the time the warrant application was determined"]). Nearly 30 years ago, an Appellate Division court applied Ross to reach the same conclusion (see People v Powers, 173 AD2d 886, 888-889 [3d Dept 1991] [interpreting Ross to permit the search of a vehicle owned or controlled by the owner of the premises authorized to be searched by the warrant], lv denied 78 NY2d 1079 [1991]). The Justices Search help & Tips - Supreme Court of the United States more specific results. Residents say the street crime unit was an intimidating and sometimes violent presence in the city. Supreme Court Restricts Police Authority To Enter A Home Without A The Supreme Court's Next Big Fourth Amendment Case - Reason.com at 21 [emphasis added]). Like Sciacca and Dumper, Hansen focused on the basic tenets of probable cause of criminal activity in the warrants at issue and did not address the question here. recent illegal search and seizure cases 2022 recent illegal search and seizure cases 2022. The touchstone of the constitutional protection for privacy, under Article 1, Section 12 of the State Constitution, is whether a person has a reasonable expectation of privacy (see Scott, 79 NY2d at 488). Legal Digest: U.S. Supreme Court Cases, 2019-2020 Term On appeal, the Appellate Division affirmed, and we now do so as well. 2651 PDF The items that could be seized in the raid were listed as; Why You Need To Take A Look At New RMD Rules: Theyre Flexible, UBS Fuels The Next Decade Of Black Innovation With $3 Million Commitment, This Week In Credit Card News: Visa, Mastercard Pause Crypto Push; Tracking Gun Purchases, Borrowers Receive Student Loan Forgiveness Approval Emails After Court Green-Lights Settlement, Biden May Propose Using Net Investment Income Tax Revenues To Shore Up Medicare, Student Loan Forgiveness: 6 Big Takeaways From Landmark Supreme Court Hearing, Athlete Investors Cant Save Tonals Falling $500 Million Valuation, Mintz, Levin,Cohn, Ferris, Glovsky and Popeo. The Nissan, which was registered to Mr. Gordon's cousin, was parked in the driveway of the residence. Indeed, the observed pattern, as described in the affidavit, was for Mr. Gordon to proceed from the residence to the street and back, without detouring to any vehicles parked at the residence. The only reference to the New York Constitution in those decisions comes in the form of a parallel reference or citation to New York Constitution article I, 12 and the Fourth Amendment of the United States Constitution (see Sciacca, 45 NY2d at 127; Hansen, 38 NY2d at 22; Dumper, 28 NY2d at 299; People v Rainey, 14 NY2d 35, 38 [1964]). Opinions expressed by Forbes Contributors are their own. The factual allegations, Mr. Gordon contended, supported at most a search of Mr. Gordon's person and his residence and not the vehicles located outside the residence. Government prosecutorssaid that they intend to seek a superseding indictment on new allegations. at 821). The U.S. Supreme Court ruled unanimously Monday against warrantless searches by police and seizures in the home in a case brought by a man whose guns officers confiscated after a domestic.
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