recent illegal search and seizure cases 2019

On appeal, the Appellate Division affirmed, and we now do so as well. Authority to search a vehicle does not include authority to enter private premises to effect a search of a vehicle within those premises. The plain import of this language is that a warrant to search a discrete structure ("a building") does not authorize a search of any container located on the grounds upon which the structure is situated ("vehicles at the premises"), because a search of the latter would exceed the scope of the warrant. 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]). are best promoted by applying State constitutional standards" (Johnson, 66 NY2d at 407) and when the "constitutional protections we have enjoyed in this State have in fact been diluted by subsequent decisions of a more recent Supreme Court (Scott, 79 NY2d at 504 [Kaye, C.J., concurring]). The Chevrolet, parked in the backyard behind two fences, was unregistered. The warrant application did not refer to any vehicles. 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. at 402 [the "ultimate mandate of reasonableness" "depend(s) upon the facts and circumstances"]). "[I]t is highly awkward, if not impossible, to use a case as the basis for an argument about the meaning of the state constitution if it is unclear from the case itself whether the case is even about the state constitution" (James A. Gardner, The Failed Discourse of State Constitutionalism, 90 Mich L Rev 761, 783 [1992]). As a result of the search of the residence, the police found a handgun, but a separate individual (not Mr. Gordon) was charged with possession of that weapon. 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. In the case of automobiles, unlike desks, closets or trunks, the risks of innocent invasions of privacy are substantially higher, given the commonplace occurrence of traveling by car to visit other places and people. upon the magistrate determining probable cause"]). The items that could be seized in the raid were listed as; "Records, documents and materials that memorialize or reflect financial transactions between Kayla and its source(s) of cash, including, but not limited to contracts, receipts, invoices, letter, bank statements, notes, ledgers, cash receipt journals or records cash shipment records, and/or cash delivery records". In this case, thewarrant'slist of items to be seizedwas extensive, however, there was no mention of any underlying crime that instigated the search. Moreover, every other state high court that has addressed this issue has, like the federal courts, held that a warrant authorizing a search of the entire premises permits the police to search vehicles located thereon [FN5]. Warrants "interpose the detached and independent judgment of a neutral Magistrate between the interested viewpoint [*4]of those engaged in ferreting out crime and potential encroachments on the sanctity and privacy of the individual" (People v Hanlon, 36 NY2d 549, 558 [1975]). No. Sign up for our free summaries and get the latest delivered directly to you. Our prior decisions, relied upon by Mr. Gordon and the courts below, depended upon both the State and Federal Constitutions as well as the Criminal Procedure Law. . 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. InJune 13, 2017, U.S. District Judge Alison Nathan delivered a blistering account ofthoseFBI raidsWey's attorney. Radel pleaded guilty in August 2019 to two counts of illegal gun possession. These protections take shape in two ways . . In the Supreme Court of Georgia Decided: March 11, 2019 S18A1090. Posey was arrested after the Officer responded to a look out for Robbery suspects. To satisfy the constitutional requirement for particularity, the description setting forth the search must "leave no discretion to the executing officer[s]" (Brown, 96 NY2d at 84). South Dakota v Opperman, 428 US 364, 367-368 [1976]; People v Galak, 81 NY2d 463, 467 [1993]). 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. The authorities of the two countries have worked together to round up statues, vases and bronzes, some of which had appeared in American museums. R. v. Valentine, involved a traffic stop on Highway 401, where drugs were later found. To the extent that the dictum in Sciacca was referring to a scenario where a search warrant only describes a particular structure, it has no application where, as here, instead of limiting the search to a specific structure, the search warrant authorizes a search of the "entire premises," which, as particularized in this case, included the house as well as surrounding private property. Bias May be Implicit in Current Law on Search and Seizure Friday, March 1st, 2019 Beth Karp 48 latin woman opening the front door, white inside Over the past several years, questions about racial bias in law enforcement have commanded a great deal of public attention. Search and Seizure Latest Search Biden Administration Asks Congress to Reauthorize Warrantless Surveillance Law Facing steeper political headwinds than past cycles, the executive branch is. A search warrant must be based on probable cause and describe with particularity the areas to be searched (see People v Rainey, 14 NY2d 35, 38 [1964]). Feuerstein askedMagistrate Judge Anne Y. 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. Five Memphis police officers pleaded not guilty to murder charges in the beating death of Mr. Nichols. Our conclusion that the officers in this case exceeded the scope of the warrant finds support both in our prior cases and in the Criminal Procedure Law (CPL) (see Hanlon, 36 NY2d at 559 ["(P)robable cause (must be) demonstrated as a matter of fact in the manner prescribed by statute (CPL art. No other contraband was found on Mr. Gordon's person or in the interior of the residence. 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." Video, 68 NY2d at 306 [distinguishing federal constitutional law in part of the grounds that New York imposes a "rigorous, fact-specific standard of review . 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). Defense Attorney David Fischer successfully convinced Judge Kara K. Ueda in his motion to suppress the search and seizure because the stop itself for "illegal" tinted windows" was not legal and the subsequent search was not lawful because of the illegal stop and because the "pat search" was not lawful. The majority disagrees with every federal court and state high court, and posits that the Fourth Amendment prohibits the search of the vehicles here (majority op at 20). This site is protected by reCAPTCHA and the Google. "Listen to this mother, who lost two children to fentanyl poisoning, tell the truth about . From the search of the Nissan, the police retrieved quantities of heroin, cocaine, and assorted drug paraphernalia. By Jason S. Cherry, J.D. 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. As an initial matter, these cases are factually distinguishable in pivotal aspects from the issue we are deciding and are not in conflict with Ross. Every federal circuit court of appeals and every state high court that has addressed the questionuntil todayconcluded that vehicles are no different than other containers that might be found on premises, and, thus, heeding the directive from the United States Supreme Court that there is no constitutional distinction between types of containers, held that vehicles parked on the premises may reasonably be searched if they may contain the object of the search. Here, by contrast, the question is whether the officers exceeded the scope of a valid search warrant for evidence of an illicit drug business conducted from the premisesan issue not addressed by this Court in Hansen. . at 126-127). The significance of that conclusion relates back to the basic standards for issuing and reviewing search warrants (see Nieves, 36 NY2d at 402 [ "In reviewing the validity of a search warrant . The warrant was issued on August 28, 2015 and executed one week later. Case Summary: 08-cv-04373 This case involves claims by numerous citizens that their constitutional rights were violated by the United States government through unauthorized surveillance of their telephone and internet activity by the National Security Agency (NSA) and other government actors under the "Terrorist Surveillance Program" or TSP. Government prosecutorssaid that they intend to seek a superseding indictment on new allegations. 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] . Although some Federal Courts of Appeals have interpreted the Fourth Amendment in a manner that might permit the search here, we decline to follow suit. 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. Nonetheless, we decline, as a matter of state constitutional law, to adopt either version of the federal rule advocated by the People. The determinative question on appeal is whether a valid warrant, supported by probable cause and authorizing the search of the "entire premises," permits the search of vehicles parked on the designated premises, when the vehicles may contain the items authorized to be seized by the warrant, but the warrant does not specifically mention the vehicles. 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." THE STATE v. ROSENBAUM et al. The People and dissent contend that we should extend the reasoning of Ross to hold, as some Federal Courts of Appeals have, that vehicles located outside a residence are no different from any other "closets, chests, drawers, [or] containers" located within (id. We are not convinced that constitutional protections turn on such accidents of timing; an automobile not mentioned in a premises search warrant, whether arriving one minute before or one minute after the search commences, should be entitled to the same protection under our constitution. [citing to federal and state case law]). Before Supreme Court, Mr. Gordon cited the same New York caselaw discussed above to argue that New York law has "consistently adhered to the position that a search warrant must specify the area to be searched." Applying the doctrine of severability, we upheld the search of Hansen's residence but directed that the evidence seized from the van should be suppressed. Section 690.15 (1) of the CPL states: "1. You're all set! New York v Class, 475 US 106, 109 [1986] [New York Court of Appeals opinion failed to satisfy the plain-statement rule where it mentioned the New York Constitution "but once, and then only in direct conjunction with the United States Constitution," and made "use of both federal and New York cases in its analysis, generally citing both for the same proposition"]; New York v P.J. The Fourth Amendment provides important constitutional limits on abusive policing. . During the search of the passenger compartment, the police discovered an open pouch containing marijuana and seized it. Nor did it confront whether the van could reasonably be searched if the van was located on the residence when the van was searchedhow could it, after all, given that its opinion does not even indicate whether the van was in fact located on the residence when it was searched.[FN7]. The parties dispute the proper standards for evaluating the sufficiency of the warrant application and whether the search of the vehicles conformed to the warrant's directives. 2651 PDF LARRY SABUCO MANIBOG, Petitioner vs. PEOPLE OF THE PHILIPPINES, Respondent. Defendant's [*7]expectation of privacy in the vehicles is not disputed. 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. When the People invoked Ross in their response papers, defendant ignored the argument.[FN8]. The trial court suppressed the evidence derived from the devices, relying on persuasive authority from the United States Court of Appeals for the Eleventh Circuit to find that the delay between the seizure of the devices and the issuance of the search warrants for the data contained in them was unreasonable and thus violated appellees rights under the Fourth Amendment and Georgia law. As explained below, the constitutional principles we have developed in this area, including judicial monitoring of the search warrant process and the importance of probable cause and particularity, strongly weigh against the People's proposed rule. Williams, 2019 U.S. App. . at 821). The People opposed, arguing that the search warrant was not restricted to the private dwelling, but authorized the search of the "entire premises," which includes the house located at the address as well as the surrounding curtilage, and that the search of the vehicles parked thereon was reasonable as they could and did contain contraband sought by the warrant. We delineated an "independent body" of search-and-seizure law under the State Constitution, and we have explained that, because the state and federal provisions contain similar language and share a common history, any divergence in meaning must derive from a "noninterpretive analysis" focused on "circumstances peculiar to New York" (People v Harris, 77 NY2d 434, 438-439 [1991]). The State appealed that decision. The warrant here authorized the search of a particular van and nothing else. 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. Instead, we exercise our independent authority to follow our existing state constitutional jurisprudence, even if federal constitutional jurisprudence has changed, because "we are persuaded that the proper safeguarding of fundamental constitutional rights requires that we do so" (Scott, 79 NY2d at 480; see generally William J. Brennan, Jr., State Constitutions and the Protection of Individual Rights, 90 Harv L Rev 489 [1977]; Jeffrey S. Sutton, 51 Imperfect Solutions: States and the Making of American Constitutional Law 16-20 [2018] [counseling against state high courts engaging in "lockstepping" and describing instead the virtues of independent assessments of parallel constitutional provisions]; Goodwin Liu, State Courts and Constitutional Structure, 128 Yale LJ 1304, 1311 [2019] [noting that "redundancy (of constitutional interpretation) makes innovation and variation possible and, for that reason, is a vital feature of our federal system"]). People v Dumper (28 NY2d 296 [1971]), cited in Sciacca, is also unavailing. Prosecutors did not provide a date for when Drago should expect that indictment. The Georgia Supreme Court concluded the analysis developed by the Eleventh Circuit was appropriate, the trial courts findings of fact were supported by the record, and the trial court did not err in granting the motion to suppress. Because the search warrant in this case contained no references to the vehicles and the record supports the finding of Supreme Court that the search warrant materials failed to provide probable cause to search the vehicles, the evidence seized therefrom was properly suppressed. This site is protected by reCAPTCHA and the Google. Get free summaries of new Supreme Court of Georgia opinions delivered to your inbox! Video, Inc., 68 NY2d 296, 304 [1986], quoting People v Johnson, 66 NY2d 398, 406-407 [1985]). A Judge of this Court granted the People's motion for leave to appeal (33 NY3d 976 [2019]), and we now affirm. a premises) does not impliedly encompass the others. The officers stopped the man, subjected him to a patdown search, and then inspected the interior of the vehicle for other weapons. it is no less fixed than a suitcase or handbag found on the premises, both of which can readily be searched under Ross if capable of containing the object of the search"]). InAugust 2013,Special Agent Michael Snedekerprovided an affidavit to an Eastern District of NYmagistrate judge to request a search of Kayla. Cases involving violations of basic rights of citizensin order to achieve a criminal enforcement action is simply wrong. 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. 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. Federal courts, applying Ross, have found that vehicles located in the area to be searched are a type of containerworthy of no more protection than other types of containers (see e.g. 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'. . The actions of the investigators in breaking and entering into the building were unreasonable, as there was "no evidence whatever which would indicate that the garage was a premises where the controlled activity was taking place. 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). Siegal, now atMintz, Levin,Cohn, Ferris, Glovsky and Popeo, has won an argument in another case where the FBI got a bit over its skis in a search. Where a search warrant authorizes the search of premises, a separate showing of probable cause is not required to search containers found on the designated premises, if the object of the search could be found therein. and the entire premises" from which Mr. Gordon was seen emerging. . In the Chevrolet, which defendant owned, the police recovered a loaded handgun from the engine block. United States v Pennington, 287 F3d 739, 745 [8th Cir 2002]; United States v Percival, 756 F2d 600, 611-613 [7th Cir 1985]). at 21 [emphasis added]). No such connections were made here. In reply, Mr. Gordon specifically rejected the importation of the federal circuit court law into this context and contended that the People's position would amount to a "detour from established precedent." United States v Evans, 92 F3d 540, 543 [7th Cir 1996] ["It seems to us that a car parked in a garage is just another interior container, like a closet or a desk"]; United States v Percival, 756 F2d 600, 612 [7th Cir 1985] ["Although a car is less fixed than a closet or cabinet, . 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. . The court issued a search warrant authorizing a search of Defendant's "person" and the "entire premises." Download scientific diagram | the data for elephant Poaching, Ivory Prices in china, Vietnam and Japan, and economic Performance and Seizures in china, 2005-2019: (a) Proportion of Illegally . People v Hansen (38 NY2d 17 [1975]), also cited by the Court in Sciacca, is likewise factually inapposite and not controlling. 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. 2021 NY Slip Op 01093 A Bankruptcy or Magistrate Judge? Shield ruled on September 10 that the items seized from Drago's business shouldbe suppressed and that the agents' reliance on a warrant without aspecification of a crime was one of "recklessness.". The Appellate Division affirmed, concurring in Supreme Court's conclusion that "the search warrant did not particularize that a search of the vehicles was permitted" and "probable cause to search those vehicles had not been established in the application for the search warrant" (169 AD3d 714, 714-715 [2d Dept 2019] [internal citations omitted]). 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]). As we stated in Hansen, the mere presence of a vehicle seen at the sight of premises wherein the police suspect criminal activity to be occurring does not by itself provide probable cause to search the vehicle (see id.

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