The search, like at least two others conducted at locations associated with President Biden, was undertaken with the cooperation of the president and his legal team. 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. 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. This means that law enforcement agents need probable cause, and a warrant in most cases, to search your person or belongings. Video, Inc., 68 NY2d 296, 304 [1986], quoting People v Johnson, 66 NY2d 398, 406-407 [1985]). at 822 [emphasis added]). It's a fact that check cashing businesses handle a lot of cash and with a lot of cash comes a lot of reporting. 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]). 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. L. Rev. We first held that the underlying warrant for the residence lacked sufficient factual allegations to authorize a search of the residence (Dumper, 28 NY2d at 298). Yet that statement represents our Court's understanding of the meaning of our prior decisions in Hansen and Dumper, one that, as we noted in Sciacca, accords with the legislature's prescription of "what and who" are subject to search pursuant to a New York warrant (see CPL 690.15 [1] ["A search warrant must direct a search of one or more of the following: (a) A designated or described place or premises; (b) A designated or described vehicle . 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. You can explore additional available newsletters here. The warrant authorized the police to search for, among other things, heroin, money as the proceeds of an illicit drug business, cell phones, computers, and drug paraphernalia. People v Hansen (38 NY2d 17 [1975]), also cited by the Court in Sciacca, is likewise factually inapposite and not controlling. 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. A search and seizure is not valid unless it is based on either a warrant that was issued based on probable cause that a crime had been committed or upon an exception. recent illegal search and seizure cases 2022 recent illegal search and seizure cases 2022. With respect to its treatment of the New York State Constitution, the majority, without clarifying whether it interprets the relevant state constitutional provision as diverging from its federal counterpart, reaches two very problematic conclusions: first, that defendant preserved an argument that our State Constitution provides more protection than the Fourth Amendment, by simply citing New York cases, even though those cases contain no discussion of the State Constitution; and second, that those earlier decisions by this Court somehow justify, with no further analysis, a constitutional rule applicable to this case. equally for all containers, not just vehicles [FN6]. There is no "constitutional distinction between 'worthy' and 'unworthy' containers" (id.). 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. 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.). Instead, this Court has repeatedly held that, to preserve a state constitutional argument, a defendant must specifically argue below that the New York Constitution provides greater protection than the Federal Constitution (see e.g. 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. You already receive all suggested Justia Opinion Summary Newsletters. Defendant did not support that argument with any state constitutional analysis. Defendant sought to suppress all evidence seized from the Nissan and Chevrolet. 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 notion that the Government will now, at this late date,seek to add new charges and additional detail, but only in reaction to being embarrassed byhaving lost the suppression motion, smacks of impropriety and desperation on theGovernments part. By Jason S. Cherry, J.D. 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. A search of the Chevrolet revealed a loaded handgun. Section 690.15 (1) of the CPL states: "1. Additionally no observation was reported as to any movement of persons between the house and the van. BOGGS, Justice. 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. G.R. . On appeal, the Appellate Division affirmed, and we now do so as well. 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 Legislature uses different terms in various parts of a statute, courts may reasonably infer that different concepts are intended"]). Mr. Gordon relies primarily on New York precedent; the People look instead to federal caselaw for guidance. D E C I S I O N. LEONEN, J.: To be valid, searches must proceed from a warrant issued by a judge.1 While there are exceptions to this rule, warrantless searches can only be carried out when founded on probable cause . 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. This Court upheld the validity of the search and seizure under Terry. Moreover, a search of vehicles is reasonable insofar as defendant may have secreted the objects of the search, i.e., drugs and other evidence of trafficking, in his vehicles (id. a premises) does not impliedly encompass the others. 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). Citing Rainey, we [*3]reiterated that under our precedent, the "scope of the search has been carefully limited" and "probable cause must be shown in each instance" (id.). Five Memphis police officers pleaded not guilty to murder charges in the beating death of Mr. Nichols. LEXIS 20262 (2d Cir. His sole contention was that the search of the vehicles was outside the scope of the search permitted by the warrant, noting that the vehicles were not in an attached garage and thus not part of the home. Even were we writing on a blank slate, we would not adopt the rule advocated by the People. 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. In the context of Article 1, Section 12, we have done so when, among other considerations, "the aims of predictability and precision in judicial review of search and seizure cases . Mr. Gordon was arrested and arraigned on a 9-count indictment. Based on our prior precedent and interpretations thereof by the lower courts, Mr. Gordon argued that the police officers lacked the particularized probable cause necessary to search the vehicles. 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. No. 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. 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. Defendant filed a motion to suppress, arguing that the factual allegations did not support a search of the vehicles located outside the residence. 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. . 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. 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". The right of the people to be secure in their persons , houses , papers , and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. But the location of that search was an im-pounded vehiclenot a home"'a constitutional differ-ence'" that the opinion repeatedly stressed. at 126-127). By Steve Eder,Matthew Rosenberg,Joseph Goldstein,Mike Baker,Kassie Bracken and Mark Walker. But those are all well settled reasons why there is a reduced expectation of privacy in automobilesnot reasons to invent greater protections for them (see e.g. 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. Failing to do so, we accomplish the reverse. 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. at 821). But it is equally important that ambiguous or obscure adjudications by state courts do not stand as barriers to a determination by this Court of the validity under the federal constitution of state action'"]). . The particularity requirement protects the magistrate's determination regarding the permissible scope of the search. The Court of Appeals affirmed the decision of the Appellate Division 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. 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. are unpreserved here because, in the suppression hearing, defendant did not argue that the State Constitution provides greater protections than its federal counterpart"][FN9]; People v Hansen, 99 NY2d 339, 344, 345 n 4 [2003] [holding that the defendant failed to preserve "grounds to impose any heightened due process procedures" under the State Constitution, even though his due-process challenge below referenced both the State and Federal Constitutions]). Washington CNN The Supreme Court on Monday wiped away a lower court decision that held that law enforcement could enter a Rhode Island man's home and seize his firearms without a warrant. Adopting the People's position would lead to the incongruous result that proof that a vehicle had an ongoing connection with a property would be insufficient to justify a search, while a warrant application that makes no mention of the vehicle would somehow provide greater cause to search that vehicle. A team from the Justice Department conducted a 13-hour search of the presidents Wilmington residence on Friday. provided an affidavit to an Eastern District of NYmagistrate judge to request a search of Kayla. upon the magistrate determining probable cause"]). Instead of attempting to ameliorate the concern by, as other courts have done, fashioning an appropriate rule (see n 1, supra), the majority categorically prohibits the search of vehicles pursuant to a premises warrant unless the vehicles are identified in the warrant application and supported by a separate showing of probable cause, making vehicles concealed on premises effectively search proof. One should hope not. 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"]). Williams, 2019 U.S. App. For example, "a warrant that authorizes an officer to search a home for illegal weapons also provides authority to open closets, chests, drawers, and containers in which the weapon might be found" (Ross, 456 US at 821).
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