recent illegal search and seizure cases 2019

. We cannot accept the argument that the entry into the private garage was a permissible incident of the right to search pursuant to a warrant. 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. 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. Ross itself does not govern the situation here, and we are skeptical of the wisdom of the federal appellate cases extending it [FN1]. Read more. 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. In Hansen, the police surveilled the van in question, recorded its repeated travels to and from the residence, and specifically mentioned the vehicle in the warrant. 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]. 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]). This opinion is uncorrected and subject to revision before publication in the Official Reports. This Court upheld the validity of the search and seizure under Terry. 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. 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. While this Court has not yet had the opportunity to answer it, the question is certainly not a novel one for courts. During the search of the passenger compartment, the police discovered an open pouch containing marijuana and seized it. A Bankruptcy or Magistrate Judge? Video, Inc., 68 NY2d 296, 305-306 [1986]). There is no justification for such an extreme position. 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]). The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. About; License; Lawyer Directory; Projects. 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. . 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). Illegal Search and Seizure: Recent Dc Court of Appeals Decision Cases - Search and seizure - {{meta.siteName}} 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] . For the controlled and undercover buys, defendant agreed in advance to meet at his residence for the purpose of selling heroin. . A Judge of this Court granted the People leave to appeal (33 NY3d 976 [2019]). Siegal represents John Drago who owned and operated a check cashing business, Kayla Companies. InAugust 2013,Special Agent Michael Snedekerprovided an affidavit to an Eastern District of NYmagistrate judge to request a search of Kayla. Yesterday, Judge Feuerstein issued anorderconfirming that information gained from the search would not be admissible. In fact, Cady expressly con-trasted its treatment of a vehicle already under police con-trol with a search of a car "parked adjacent to the dwelling Legal Update - August 2019 Case Summaries - Daigle Law Group the requirements of judicial supervision in the warrant process" (P.J. Four on Fourth: Four Cases that Impact the Fourth Amendment (Search Moreover, to the extent to which vehicle searches are authorized in a warrant, the vehicles must be "designated or described" (CPL 690.15 [1] [b]). South Dakota v Opperman, 428 US 364, 367-368 [1976]; People v Galak, 81 NY2d 463, 467 [1993]). The garage had a structural and functional existence distinct from defendant's van which should have been recognized by the investigators" (id. The particularity requirement protects the magistrate's determination regarding the permissible scope of the search. The Fourth Amendment provides important constitutional limits on abusive policing. 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. 2021 NY Slip Op 01093 Both conclusions fundamentally alter our jurisprudence. That determination must be based upon the factual allegations presented in the warrant application (Nieves, 36 NY2d at 402). The Justices Search help & Tips - Supreme Court of the United States more specific results. Little Falls NJ: Chris Radel search illegal, NJ Supreme Court rules 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. Shield to look into the matter. Five Memphis police officers pleaded not guilty to murder charges in the beating death of Mr. Nichols. You're all set! Search and Seizure. The Ontario Court of Appeal upheld the legality of a search, despite several problematic issues. at 299). We explained that: "a warrant must describe the premises to be searched, and this warrant did not include the automobile, which was not on the premises when the police came with the warrant but which was driven into the driveway while police were there, [and therefore] it did not justify [a] search of the car" (id). Because a driveway and a backyard located within the curtilage are part of the "entire premises," there was no constitutional impediment to the police search of the two vehicles. The State appealed that decision. 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 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. You can explore additional available newsletters here. 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 premises) does not impliedly encompass the others. at 128). 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. Cases involving violations of basic rights of citizensin order to achieve a criminal enforcement action is simply wrong. 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. Because the supporting affidavits did not describe the vehicles to be searched at all, never mind with any particular allegations connecting them to criminal activity, the record supports the affirmed finding that there was no probable cause to search the vehicles. By Alan Feuer,Maggie Haberman and Ben Protess. United States v Pennington, 287 F3d 739, 745 [8th Cir 2002]; United States v Percival, 756 F2d 600, 611-613 [7th Cir 1985]). 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. This jurisdictional rule is grounded in the principle of federalism (see Long, 463 US at 1041, quoting Minnesota v National Tea Co., 309 US 551, 557 [1940] ["'It is fundamental that state courts be left free and unfettered by us in interpreting their state constitutions. Jewel v. NSA | United States Courts 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. I write and consult on federal criminal law and criminal justice. 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). 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 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]). Nor do we believe that the warrant for Mr. Gordon's "person" or "premises"in the context of the factual allegations averred by the detectivesauthorized a search of 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. A majority of this Court, however, answers that question in the negative. Judge Tosses Drug Case, Finds Officers Engaged in Illegal Search and It's a fact that check cashing businesses handle a lot of cash and with a lot of cash comes a lot of reporting. 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). 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. 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). The Court held first that . recent illegal search and seizure cases 2022 recent illegal search and seizure cases 2022. Search - Supreme Court of the United States 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. upon the magistrate determining probable cause"]). 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. Those limits have not been honored in this case. Accordingly, the order of the Appellate Division should be affirmed. 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"]). The activity described in the affidavit, without more, was innocuous and as consistent with innocence as with criminal activity" (id.). Prosecutors did not provide a date for when Drago should expect that indictment. 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). The question before us Mr. Gordon relies primarily on New York precedent; the People look instead to federal caselaw for guidance. In People v Dumper, we held that evidence seized from a vehicle that arrived on a premises during the search of those premises must be suppressed. In the Chevrolet, which defendant owned, the police recovered a loaded handgun from the engine block. The authorities of the two countries have worked together to round up statues, vases and bronzes, some of which had appeared in American museums. 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 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 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). 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. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. InJune 13, 2017, U.S. District Judge Alison Nathan delivered a blistering account ofthoseFBI raidsWey's attorney. Based on that information, the court issued a search warrant authorizing a search of Mr. Gordon's "person" and the "entire premises." Recent Court of Appeals Decision: 4th Amendment Violation | Search 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. Those federal courts extending Ross to automobiles on the theory that an automobile is no different than a paper bag have found difficulty in arriving at a single standard for determining what vehicles may be searched: they disagree regarding whether police officers may search any vehicle found onsite during the execution of a premises warrant or only those vehicles that are "owned or controlled by the owner of . 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]). We next addressed the search of a vehicle associated with a residence in People v Hansen. 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. Five Scorpion officers are charged with murdering Tyre Nichols during an arrest. 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. 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. 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." In another case of illegal search and seizure, three Chicago police officers and one Glenview police officer who were involved in an illegal search and seizure of a man's car were deemed guilty of perjury, obstructing justice, and official misconduct earlier this year when it was found that they had illegally searched the defendant's . 211214. 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. Order affirmed. 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 . 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. The court issued a search warrant authorizing a search of Defendant's "person" and the "entire premises." You already receive all suggested Justia Opinion Summary Newsletters. Two Cases of Illegal Search and Seizure by Chicago Police 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 . (c) A designated or described person"]). Judge Feinman dissents in an opinion in which Chief Judge DiFiore and Judge Garcia concur. L. Rev. G.R. 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]). 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). 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. Our Court has never adopted a "fixed analytical formula for determining when the proper protection of fundamental rights requires resort to the State Constitution" (Scott, 79 NY2d at 491). The police searched a car based on the smell of marijuana. 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. 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. This applies when a person has what is known as a legitimate expectation of privacy in the place or thing to be searched. Even then, the permissible "scope of a search has been carefully limited" by the requirement for probable cause and a particular description of the subjects to be searched (Dumper, 28 NY2d at 299). The police chief has said the department needs more supervisors. 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.). . The fact that premises are generally fixed while persons and vehicles are moveable presents a problem to officers executing search warrants. 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. 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 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. March 20, 2019. By Glenn Thrush,Michael D. Shear and Maggie Haberman. at 127) is dictum and, in any event, lacks context as to its intended application. 2651 PDF . 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. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. Posted on 26 Feb in greenshield pharmacy intervention codes. Our decision in Dumper rested on two grounds. 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. 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.

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