Siegal, one of the top white collar attorneys in the country and a former federal prosecutor, has uncovered yet another 4th Amendment violation, this one in the Eastern District of New York. 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). 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. For reasons explained above, Mr. Gordon is correct that adopting the People's position would amount to a substantial deviation from the rule to which we have adhered under both the Fourth Amendment and Article 1, Section 12 of the State Constitution, requiring warrants to provide particularization between vehicles and real property, even when a vehicle is located on real property.[FN3]. 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. 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 . This site is protected by reCAPTCHA and the Google. In the Supreme Court of Georgia Decided: March 11, 2019 S18A1090. 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 . 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. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. This Court upheld the validity of the search and seizure under Terry. The State appealed that decision. InAugust 2013,Special Agent Michael Snedekerprovided an affidavit to an Eastern District of NYmagistrate judge to request a search of Kayla. Your 4th Amendment Rights The 4 th Amendment to the U.S. Constitution guarantees freedom from unreasonable search and seizure . Nonetheless, we decline, as a matter of state constitutional law, to adopt either version of the federal rule advocated by the People. While this Court has not yet had the opportunity to answer it, the question is certainly not a novel one for courts. In all cases, the alleged sales followed the same pattern: a car would arrive on the street outside the residence, Mr. Gordon or another person would emerge from the residence, approach the prospective buyer, and then return to the residence a few minutes later. The warrant application did not refer to any vehicles. 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 . Those expectations must at times give way to "compelling police interest[s]" (People v Class, 63 NY2d 491, 495 [1984], revd and remanded by New York v Class, 475 US 106 [1986], reaffirmed on state constitutional grounds by People v Class, 67 NY2d 431 [1986]). "[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]). Failing to do so, we accomplish the reverse. . N.Y. July 9, 2019) Officers with the New York City Police Department (NYPD) arrested Williams for speeding, reckless driving, and unauthorized use of a rental car. A Bankruptcy or Magistrate Judge? 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 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. Sign up for our free summaries and get the latest delivered directly to you. Nevertheless, in our view, that does not render our repeated citations to the State Constitution meaningless. Our decision in Dumper rested on two grounds. 238453. Nonetheless, as part of the search of the "entire premises," police officers searched two vehicles found onsite: a Nissan Maxima and a Chevrolet sedan. Defendant sought to suppress all evidence seized from the Nissan and Chevrolet. 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. By Steve Eder,Matthew Rosenberg,Joseph Goldstein,Mike Baker,Kassie Bracken and Mark Walker. In the Chevrolet, which defendant owned, the police recovered a loaded handgun from the engine block. 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. 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 . 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. at 126-127). 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. at 20-21). 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.). A Judge of this Court granted the People's motion for leave to appeal (33 NY3d 976 [2019]), and we now affirm. In Dumper, the search warrant was similarly directed at discrete structures, including "a one story wood frame cottage with white sidewall, green roof" and a "cottage east of a main house" (id. 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. Collins v. Virginia Accordingly, the order of the Appellate Division should be affirmed. . Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources The converse is also true. 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.). 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]). You can explore additional available newsletters here. Moreover, automobiles, unlike other containers, are typically titled and registered, and are also more often in public view, providing police officers with the means of establishing connections between the vehicle and the target of the search. 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.). 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. 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. Friday, March 29, 2019: Hammock v. Jensen et al: Southern District of Iowa : Civil Rights, Criminal Law Related Civil Cases, Search and Seizure : Motion for Summary Judgment, Motion to Dismiss : Olmo-Artau v. Farr, et al. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. 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. By Jason S. Cherry, J.D. Terry v. Ohio, 392 U. S. 1, 19, n. 16 (1968). 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). 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. 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. 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. 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). 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]). (c) A designated or described person"]). Of the 63 cases heard by the U.S. Supreme Court during the 2019-2020 term, there were several criminal and civil law cases that could affect the investigative and employment interests of the law enforcement community. Search warrants are issued by judges at the request of law enforcement. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. . However, we held that the police lacked sufficient evidence to search a vehicle that had been seen coming and going from the residence. The safety of students and staff and the need to . 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). 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. InJune 13, 2017, U.S. District Judge Alison Nathan delivered a blistering account ofthoseFBI raidsWey's attorney. 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). In the Nissan, which defendant was borrowing from the owner, the police found heroin, marijuana, cocaine, money, and drug paraphernalia. Even were we writing on a blank slate, we would not adopt the rule advocated by the People. You already receive all suggested Justia Opinion Summary Newsletters. A team from the Justice Department conducted a 13-hour search of the presidents Wilmington residence on Friday. South Dakota v Opperman, 428 US 364, 367-368 [1976]; People v Galak, 81 NY2d 463, 467 [1993]). Five Scorpion officers are charged with murdering Tyre Nichols during an arrest. The particularity requirement protects the magistrate's determination regarding the permissible scope of the search. 211214. Posted by Brett McGarry. The Court of Appeals affirmed, holding that because the search warrant contained no references to the vehicles to be searched, the record supported the finding that there was no probable cause to search the vehicles. As discussed, Sciacca, Hansen, Dumper, and Rainey all contain parallel references to New York Constitution art I, 12 and the Fourth Amendment, without distinguishing between the guarantees afforded by the two provisions. 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. 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). Indeed, the observed pattern, as described in the affidavit, was for Mr. Gordon to proceed from the residence to the street and back, without detouring to any vehicles parked at the residence. Feuerstein askedMagistrate Judge Anne Y. 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. The Fourth Amendment provides important constitutional limits on abusive policing. 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. 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. In an omnibus motion, Mr. Gordon moved to suppress that evidence. 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. Probable cause must be shown in each instance" (id. 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. PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. JAIME SISON, LEONARDO YANSON, AND ROSALIE BAUTISTA, Accused. 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. 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. 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 initially argued that the failure of listing an actual crime in the warrant was a typographical error. . 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. In Illinois v. Caballes, 543 U. S. 405 (2005), this Court held that a dog sniff conducted during a lawful traffic stop does not violate the Fourth Amendment's proscription of unreasonable seizures. Roadways to the Bench: Who Me? 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). 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. Nevertheless, the majority argues that defendant's reliance on those cases, without more, was sufficient to preserve a state constitutional argument (see majority op at 16-17). 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. 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. There is no justification for such an extreme position. Video, Inc., 68 NY2d 296, 304 [1986], quoting People v Johnson, 66 NY2d 398, 406-407 [1985]). 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. 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. 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. 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. 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. 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. at 20). Nevertheless, the majority insists that vehicles are special containers, arbitrarily favoring vehicles over other transportable containers, such as backpacks and rollable luggage, and containers normally located outdoors, such as mailboxes. Supreme Court explained that in New York, a search warrant must list "each specific area of the building, area or vehicle to be searched" and "[p]robable cause must be shown in each instance." Supreme Court granted Mr. Gordon's motion to suppress. Search and Seizure. We are not persuaded by the People's attempts to distinguish our prior cases. You may opt-out by. Two cases recently argued before SCOTUS could narrow or expand warrantless searches - and they could reach back to what police are doing now Feb 2, 2018 2018 started off with a double-feature in the U.S. Supreme Court starring the Fourth Amendment and police authority to search and seize. Pero hay contrastes con el caso de los papeles recuperados en la residencia de Trump. Finally, the dissent argues that we are bound to decide this case purely as an application of the Supreme Court's decision in United States v Ross because Mr. Gordon has not preserved a claim under the State Constitution. at 821). 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 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). 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. . 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. . THE STATE v. ROSENBAUM et al. 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." 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 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. As a repeat offender, a Passaic County judge sentenced him to consecutive prison terms totaling 25 years, and at. Defendant's [*7]expectation of privacy in the vehicles is not disputed. Shield to look into the matter. 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. 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]). 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. Wilson, J. A majority of this Court, however, answers that question in the negative. 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. 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. at 402 [the "ultimate mandate of reasonableness" "depend(s) upon the facts and circumstances"]). March 20, 2019. One should hope not. Mr. Gordon relies primarily on New York precedent; the People look instead to federal caselaw for guidance. Attached to the third party's apartment was a shed. 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. 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]). Court of Appeals 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. During each alleged sale, a driver pulled up in front of the premises in their vehicle, and defendant exited his residence, approached the vehicle, and then returned to the house. 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 . are best promoted by applying State constitutional standards" (Johnson, 66 NY2d at 407) and when the "constitutional protections we have enjoyed in this State . . Based on that information, the court issued a search warrant authorizing a search of Mr. Gordon's "person" and the "entire premises." 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]). 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. 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. In the appropriate case, Dumper may be relevant in assessing how we would decide that issue, but it is not relevant here. The authorities of the two countries have worked together to round up statues, vases and bronzes, some of which had appeared in American museums. 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. 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). I disagree. 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.
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