It is a matter of preserving rights whichall of us enjoy, and there is nobetter place to enforce those rights than in a court of law. 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. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. The legislature's instruction that a warrant may direct a search of "one or more of the following" strongly suggests that a warrant which directs the search of only one category (e.g. Rather than forthright basing this extreme position on the Fourth Amendment and application of Supreme Court precedenta decision that would theoretically be more readily reviewed by the Supreme Court (perhaps because this Court has now become an outlier and created a "split" in the interpretation of Ross)the majority relies, in some unspecified way, on our case law that not only is inapposite, but also predates Ross and was decided without the benefit of subsequent constitutional law on the import of containers located in the areas designated to be searched in warrants. This site is protected by reCAPTCHA and the Google. . The Nissan, which was registered to Mr. Gordon's cousin, was parked in the driveway 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." Cases involving violations of basic rights of citizensin order to achieve a criminal enforcement action is simply wrong. 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. Those cases rested on both the New York and U.S. Constitutions as well as the Criminal Procedure Law to require a greater degree of protection for searches of vehicles than is now required under the federal circuit court law cited by the People. Ross itself does not govern the situation here, and we are skeptical of the wisdom of the federal appellate cases extending it [FN1]. The application contained no mention of the existence of the vehicles ultimately searched, much less evidence connecting them to any criminality. We have on several occasions addressed the permissible scope of a search based on allegations of illegal activity occurring at a residence or premises (see e.g. 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]. 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]). From the search of the Nissan, the police retrieved quantities of heroin, cocaine, and assorted drug paraphernalia. When the People invoked Ross in their response papers, defendant ignored the argument.[FN8]. We decline to distort our preservation rule in such a manner where, as here, the claim was brought to the attention of the courts below, litigated by the parties, and addressed by the courts. Acting pursuant to the authority to search the "entire premises," the police canvassed both apartments and the shed, retrieving from the latter a check writer and set of blank checks believed to have been used in the suspect's check-forging activities. Indeed, a parallel citation indicates a belief by the litigant (or the court) that the state and federal provisions at issue are coextensive. In the appropriate case, Dumper may be relevant in assessing how we would decide that issue, but it is not relevant here. We agreed, and held that "[f]or purposes of satisfying the State and Federal constitutional requirements, the searching of two or of more residential apartments in the same building is no different from searching two or more separate residential houses. 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. 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]). Posey was arrested after the Officer responded to a look out for Robbery suspects. 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. 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]). The Court held first that . The Court broadly stated that a "lawful search of fixed premises generally extends to the entire area in which the object of the search may be found and is not limited by the possibility that separate acts of entry or opening may be required to complete the search" (Ross, 456 US at 820-821). The Justice Department cited the crime-fraud exception to attorney-client privilege in demanding testimony from a lawyer representing former President Donald Trump in his documents case. Our prior decisional law and the CPL's differentiation between premises, vehicles, and persons both support the view that specific descriptions or designations, backed by particularized probable cause, are required for a search of each. In the proceedings below, Supreme Court held that although the police had probable cause to search Mr. Gordon and his residence, the warrant did not encompass the search of two vehicles located outside the residence, and the police lacked probable cause to search those vehicles. Accordingly, the order of the Appellate Division should be affirmed. It's difficult to have a case without evidence. 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"]). 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. Your 4th Amendment Rights The 4 th Amendment to the U.S. Constitution guarantees freedom from unreasonable search and seizure . In doing so, we must "marshal[] distinct state texts and histories and draw our [own] conclusions" in order to "dignify state constitutions as independent sources of law" (Jeffrey S. Sutton, 51 Imperfect Solutions: States and the Making of American Constitutional Law 177 [2018]). 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. 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. In this case, by comparison, the warrant application contained no mention whatsoever of the existence of the vehicles ultimately searched, much less evidence connecting them to any criminality. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. Supreme Court's probable cause analysis is consonant with our prior cases and the record supports its finding, affirmed by the Appellate Division, that the warrant application failed to establish probable cause to search the two vehicles. 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]). . Five Memphis police officers pleaded not guilty to murder charges in the beating death of Mr. Nichols. In Ross, the Supreme Court held that when police officers have probable cause to conduct a warrantless search of the trunk of a vehiclebased on an informant's tip that narcotics were being kept in the trunk of the carthe police may open a paper bag found inside the trunk (Ross, 456 US at 801). 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]). Thus, Mr. Gordon preserved the argument that, notwithstanding United States v Ross and related federal circuit court decisions, our state law remains the same as we articulated in our decisions in Hansen, Dumper, Sciacca, and Rainey. People v Hansen (38 NY2d 17 [1975]), also cited by the Court in Sciacca, is likewise factually inapposite and not controlling. Steve Eder,Matthew Rosenberg,Joseph Goldstein,Mike Baker,Kassie Bracken. That determination must be based upon the factual allegations presented in the warrant application (Nieves, 36 NY2d at 402). The cases dealt with investigative detention, the insanity defense, cross-border shootings . The garage was completely distinct, indeed incidental, to any illegal activity" (id. 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. However, we held that the police lacked sufficient evidence to search a vehicle that had been seen coming and going from the residence. 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. 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. 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. Two subsequent cases did. The majority seems primarily concerned about the possibility that vehicles parked on a target's premises might belong to a visiting friend or acquaintance (majority op at 15, 16 n 2)a possibility I view as quite remote where, for example, the vehicle is found in an enclosed structure (such as a garage), in a backyard, or behind a gate, or when no visiting friend or acquaintance is in fact present at the premises. The activity described in the affidavit, without more, was innocuous and as consistent with innocence as with criminal activity" (id.). 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. As part of the investigation, [*2]detectives prepared a search warrant application that alleged the following: (1) on August 13 and August 25, 2015, undercover detectives had engaged in two controlled buys of heroin from Mr. Gordon, (2) a confidential informant had participated in a third controlled purchase from Mr. Gordon, and (3) the detectives had observed several more likely narcotics sales on the evenings of August 25 and 26, 2015. I write and consult on federal criminal law and criminal justice. Nonetheless, as part of the search of the "entire premises," police officers searched two vehicles found onsite: a Nissan Maxima and a Chevrolet sedan. The warrant application did not refer to any vehicles. One should hope not. 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). 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"]). . 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. If that proof is insufficient to convince the magistrate to authorize a search of the vehicles, allowing a search because the vehicles are located on a premises would constitute an unconstitutional bootstrapping.[FN2]. Siegal. at 21 [emphasis added]). 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). In Ross, the United States Supreme Court held that, where police officers have probable cause to believe that contraband is concealed somewhere within a vehicle, they may conduct a warrantless search of every part of it and its contents, including all containers and packages, that may conceal the object of the search (id. LARRY SABUCO MANIBOG, Petitioner vs. PEOPLE OF THE PHILIPPINES, Respondent. 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. A team from the Justice Department conducted a 13-hour search of the presidents Wilmington residence on Friday. Instead, defendant supported his suppression argument with citations to this Court's decisions in Rainey, Dumper, Hansen, and Sciacca. Additionally, in Dumper, we invalidated the search warrant based on the absence of probable cause of criminal activity to sustain any search. 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. Prosecutors appealed, hoping to. 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 Constitution (NY Const, art I, 12; US Const, 4th Amdt) requires that a warrant particularly describe the place to be searched and the Criminal Procedure Law provides for the issuance of warrants to search persons, premises or vehicles (CPL 690.15). Video, 68 NY2d at 307 [noting that Hanlon "imposed a specific, nondelegable burden on the magistrate which required that (the magistrate), not the police, determine probable cause"]). As a result, Supreme Court ordered the suppression of physical evidence seized from the two vehicles. FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge, Archives of the Committee on Judicial Conduct and Disability, Judicial Panel on Multidistrict Litigation Fees, Federal Court Interpreter Certification Examination, National Court Interpreter Database (NCID) Gateway, Transfer of Excess Judiciary Personal Property, Electronic Public Access Public User Group, Statistical Tables for the Federal Judiciary, Asset Management Planning Process Handbook, Judiciary Conferences That Cost More Than $100,000, Long Range Plan for Information Technology, Proposed Amendments Published for Public Comment, Laws and Procedures Governing the Work of the Rules Committees, How to Suggest a Change to Federal Court Rules and Forms, How to Submit Input on a Pending Proposal, Open Meetings and Hearings of the Rules Committee, Permitted Changes to Official Bankruptcy Forms, Congressional and Supreme Court Rules Packages, Preliminary Drafts of Proposed Rule Amendments, Confidentiality Regulations for Pretrial Services Information, United States of America v. City of Seattle, Rhodes, et al v. Lauderdale County, et al, Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure, Civil Rights, Criminal Law Related Civil Cases, Search and Seizure, Motion for Summary Judgment, Motion to Dismiss, Motion for Summary Judgment, Motion to Dismiss, Status Conference. As the Supreme Court has explained, "[e]ven though such a distinction perhaps could evolve in a series of cases in which paper bags, locked trunks, lunch buckets, and orange crates were placed on one side of the line or the other, the central purpose of the Fourth Amendment forecloses such a distinction" (id.). at 128). This means that law enforcement agents need probable cause, and a warrant in most cases, to search your person or belongings. L. Rev. 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. . 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. To avoid answering the state constitutional component on preservation grounds would be to overrule those cases as a matter of federal and state constitutional law, while concomitantly maintaining that defendant failed to preserve a state constitutional claim. Get free summaries of new New York Court of Appeals opinions delivered to your inbox! THE STATE v. ROSENBAUM et al. Search warrants are issued by judges at the request of law enforcement. The warrant application also detailed drug sales that took place in the street in front of the premises, including a controlled buy with a confidential informant, two undercover buys, and other transactions observed during surveillance of the premises. 2651 PDF . Feuerstein askedMagistrate Judge Anne Y. recent illegal search and seizure cases 2022 recent illegal search and seizure cases 2022. Before Supreme Court, the People responded by attempting to distinguish our prior decisions and arguing that, if they were distinguishable and therefore not controlling, Supreme Court should adopt the People's preferred rule interpreting the Fourth Amendment. Opinion by Judge Wilson. No. Justice Ginsburg delivered the opinion of the Court. . In the Supreme Court of Georgia Decided: March 11, 2019 S18A1090. As in Hansen, "no observation was reported as to any movement of persons between the house and the [vehicles]" (Hansen, 38 NY2d at 20) that would substantiate a belief that the vehicles searched were utilized in the alleged criminal activity. In the Chevrolet, which defendant owned, the police recovered a loaded handgun from the engine block. The affidavit contained no indication as to dates, times, frequency or purpose and was open to the interpretation that other vehicles might have entered or left the premises on a nonregular basis. I see no persuasive rationale why, if a bicycle and a car are parked next to each other on a driveway, it is reasonable to search the bicycle's closed basket but unreasonable to search the car's trunk. . Read more. During the course of a narcotics investigation, police officers observed Mr. Gordon and at least one associate selling narcotics from a private residence; on several occasions, Mr. Gordon or an associate exited the residence, walked to the street and delivered an object to a waiting person in exchange for money. at 127) is dictum and, in any event, lacks context as to its intended application. at 821). This case presents the question whether the Fourth Amendment tolerates a dog sniff conducted after completion of a traffic stop. Mr. Gordon relies primarily on New York precedent; the People look instead to federal caselaw for guidance. Citing Hansen and Dumper, we stated: "It is clear that a warrant to search a building does not include authority to search vehicles at the premises (People v Hansen, 38 NY2d 17; People v Dumper, 28 NY2d 296). 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'. Judges Rivera, Stein and Fahey concur. 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. against unreasonable searches and seizures." This case concerns the "seizure" of a "person," which can take the form of "physical force" or a "show of authority" that "in some way restrain[s] the liberty" of the person. 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]). 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"]). The court issued a search warrant authorizing a search of Defendant's "person" and the "entire premises." at 299). The State appealed that decision. The Government obtained a search warrant permitting it to install a Global-Positioning-System (GPS) tracking device on a vehicle registered to respondent Jones's wife. Over several days, police officers observed Mr. Gordon selling heroin from his home; in addition to the surveillance, undercover officers engaged in drug transactions with Mr. Gordon and conducted a controlled buy using an informant. 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." 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. 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. 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. Collins v. Virginia . On appeal, the Appellate Division affirmed, and we now do so as well. This Court has never held that a mere reference or citation to both a state constitutional provision and its federal counterpart is enough to preserve an argument that the parallel state provision provides for heightened protection. The Court of Appeals affirmed the Appellate Division's decision affirming Supreme Court's judgment ordering the suppression of physical evidence seized from two vehicles, holding that the search warrant materials failed to provide probable cause to search the vehicles. Indeed, we observed in Dumper thatpursuant to both constitutional and statutory directivesa "warrant must describe the premises to be searched" and "this warrant did not include the automobile" (Dumper, 28 NY2d at 299). 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." 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.
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