While the Fourth Amendment to the U.S. Constitution guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures," these actions have long been a problem for both school authorities and law-enforcement officers. Siegal. Cases involving violations of basic rights of citizensin order to achieve a criminal enforcement action is simply wrong. Video, Inc., 475 US 868, 872 n 4 [1986] [same, where the opinion "cited the New York Constitution only once, near the beginning of its opinion, and in the same parenthetical also cited the Fourth Amendment to the United States Constitution"]). The majority says that "automobiles, unlike other containers, are typically titled and registered," "more often in public view," and used for traveling "to visit other places and people" (majority op at 15). Roadways to the Bench: Who Me? Nonetheless, we decline, as a matter of state constitutional law, to adopt either version of the federal rule advocated by the People. We then concluded that even if the affidavit had been sufficient to support a search of the residence, the warrant failed "in any event [to] justify a search of the automobile which had just been driven into the driveway" (id. Decided on February 18, 2021 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. The requirement that warrants must describe with particularity the places, vehicles, and persons to be searched is vital to judicial supervision of the warrant process (see People v P.J. 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"]). The State appealed that decision. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. 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. As a repeat offender, a Passaic County judge sentenced him to consecutive prison terms totaling 25 years, and at. at 37). That determination must be based upon the factual allegations presented in the warrant application (Nieves, 36 NY2d at 402). Authority to search a vehicle does not include authority to enter private premises to effect a search of a vehicle within those premises. Counts 5 through 9 rested in large part on the physical evidence seized from the two vehicles. 2651 PDF In the appropriate case, Dumper may be relevant in assessing how we would decide that issue, but it is not relevant here. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. . The particularity requirement protects the magistrate's determination regarding the permissible scope of the search. 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. 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 majority sets out for new territory both in terms of preservation of the issue and in determining when our decisions establish a state constitutional standard greater than that of the Fourth Amendment. 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 . 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. 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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. The cases dealt with investigative detention, the insanity defense, cross-border shootings . 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). Mr. Gordon relies primarily on New York precedent; the People look instead to federal caselaw for guidance. Radel pleaded guilty in August 2019 to two counts of illegal gun possession. Judges Rivera, Stein and Fahey concur. 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. It was not immediately clear under what circumstances the lawyer, M. Evan Corcoran, appeared, but he has had a key role in the case examining Mr. Trumps handling of government documents. 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. 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. Court of Appeals Pero hay contrastes con el caso de los papeles recuperados en la residencia de Trump. are best promoted by applying State constitutional standards" (Johnson, 66 NY2d at 407) and when the "constitutional protections we have enjoyed in this State . 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 officers stopped the man, subjected him to a patdown search, and then inspected the interior of the vehicle for other weapons. 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). Nonetheless, we held that there was "not sufficient evidence to support a finding of probable cause justifying a search of the Speake Dodge van" because there had been no allegations of criminal activity specifically linking the vehicle to the residence (Hansen, 38 NY2d at 20). 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]). We next addressed the search of a vehicle associated with a residence in People v Hansen. By Jason S. Cherry, J.D. 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. A majority of this Court, however, answers that question in the negative. 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. . 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]). 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. We are not persuaded by the People's attempts to distinguish our prior cases. recent illegal search and seizure cases 2022 recent illegal search and seizure cases 2022. Williams, 2019 U.S. App. The police chief has said the department needs more supervisors. Posted on 26 Feb in greenshield pharmacy intervention codes. 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. Worse still, the majority's preservation rule will have the effect of transforming those same cases, and any other cases that employ parallel citations to the State and Federal Constitutions, into seminal state constitutional decisions, irrespective of the fact that those cases are wholly devoid of any basis for concluding that the New York Constitution provides greater protection than the Fourth Amendment in the context of the issues they addressed. 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 . 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'"]). 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.". 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. The warrant application did not refer to any vehicles. 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. People v Hansen (38 NY2d 17 [1975]), also cited by the Court in Sciacca, is likewise factually inapposite and not controlling. Rainey did not address whether the need to provide particular probable cause for separate residences extended to providing particularized probable cause for vehicles found at or associated with a residence. As a result, Supreme Court ordered the suppression of physical evidence seized from the two vehicles. Mr. Gordon based his argument on several of our prior decisions, including People v Dumper (28 NY2d 296 [1971]) and People v Hansen (38 NY2d 17 [1975], abrogated on other grounds by People v Ponder, 54 NY2d 160 [1981] [abrogating automatic standing]). 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. 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). 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. As noted above, the extent to which a vehicle (or any container for that matter) located in the area authorized to be searched must be connected to the target or to the premises in order for a search of [*8]it to be reasonable has generated some disagreement among courts (see nn 1, 3, supra). During the search of the passenger compartment, the police discovered an open pouch containing marijuana and seized it. 2021 NY Slip Op 01093 Defendant sought to suppress all evidence seized from the Nissan and Chevrolet. 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. Judge Feinman dissents in an opinion in which Chief Judge DiFiore and Judge Garcia concur. The Ontario Court of Appeal upheld the legality of a search, despite several problematic issues. We concluded that there was probable cause to search the target residence for the drugs observed by the police, as the information in the warrant was not stale, but there was no probable cause to search the van, as the presence of the drugs in the house was not indicative of more than possessionin other words, no evidence of narcotics trafficking (see id. ILLEGAL SEARCH AND SEIZURE: RECENT DC COURT OF APPEALS DECISION February 27, 2019 11:07 am | Comments Off The Court of Appeals in Posey v. US, decided on February 21, 2019, reversed the trial's court denial of the suppression motion and thus vacated the conviction. I disagree. THE STATE v. ROSENBAUM et al. G.R. Home - Supreme Court of the United States Docket Search Chief Justice's Year-End Reports on the Federal Judiciary Today at the Court - Wednesday, Feb 22, 2023 The Court will convene for a public session in the Courtroom at 10 a.m. Read more. Even were we writing on a blank slate, we would not adopt the rule advocated by the People. 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. 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. Yesterday, Judge Feuerstein issued anorderconfirming that information gained from the search would not be admissible. Section 690.15 (1) of the CPL states: "1. The application contained no mention of the existence of the vehicles ultimately searched, much less evidence connecting them to any criminality. No other contraband was found on Mr. Gordon's person or in the interior of the residence. Probable cause must be shown in each instance" (id. The garage had a structural and functional existence distinct from defendant's van which should have been recognized by the investigators" (id. 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. People v Nieves, 36 NY2d 396, 400 [1975] [a person's mere presence on the premises where suspected gambling is occurring is insufficient to justify a search]). a premises) does not impliedly encompass the others. California v. Lee, California Court of Appeals 2019. InAugust 2013,Special Agent Michael Snedekerprovided an affidavit to an Eastern District of NYmagistrate judge to request a search of Kayla. Nevertheless, this concern exists. 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. Based on the surveillance and undercover purchases, the detectives applied for and obtained a search warrant authorizing a search of "the person of Tyrone Gordon . In that case, police saw drugs in the home when they were investigating a burglary and later obtained a warrant for the home and the van (id. There is no justification for such an extreme position. You can explore additional available newsletters here. R. v. Valentine, involved a traffic stop on Highway 401, where drugs were later found. 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. at 20). 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]). Indeed, the cases cited by defendant predate the "dawn of active New York State constitutionalism" in the 1980s, before which the "state constitutional protection against unreasonable searches and seizures mostly lay judicially dormant" (Robert M. Pitler, Independent State Search and Seizure Constitutionalism: The New York State Court of Appeals' Quest for Principled Decisionmaking, 62 Brook L Rev 1, 103, 213 [1996]). You can explore additional available newsletters here. That belief, in turn, appears to be grounded in a series of inapposite New York cases decided prior to the seminal Supreme Court case, United States v Ross (456 US 798 [1982]). On appeal, the Appellate Division affirmed, and we now do so as well. The reason the warrant did not describe the vehicles in this case, as in Dumper, is that the warrant application materials failed to mention the vehicles, which consequently fell beyond the scope of the warrant. [citing to federal and state case law]). 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]). This site is protected by reCAPTCHA and the Google. 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. I write and consult on federal criminal law and criminal justice. 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. Your 4th Amendment Rights The 4 th Amendment to the U.S. Constitution guarantees freedom from unreasonable search and seizure . . The People's contention that a search warrant authorizing the search of a premises encompasses an implicit grant of [*5]authority to search all vehicles located on the property undermines the legislature's delineation of three distinct categories as appropriate subjects of a search (see Matter of Orens v Novello, 99 NY2d 180, 187 [2002] ["When different terms are used in various parts of a statute or rule, it is reasonable to assume that a distinction between them is intended"], quoting Matter of Albano v Kirby, 36 NY2d 526, 530 [1975]; Rangolan v County of Nassau, 96 NY2d 42, 47 [2001] ["where . 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." 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). Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. 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. The safety of students and staff and the need to . 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. The Justices Search help & Tips - Supreme Court of the United States more specific results. 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. 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. Prosecutors did not provide a date for when Drago should expect that indictment. 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). and the entire premises" from which Mr. Gordon was seen emerging. 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). 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