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A search of the Chevrolet revealed a loaded handgun. Before Supreme Court, Mr. Gordon cited the same New York caselaw discussed above to argue that New York law has "consistently adhered to the position that a search warrant must specify the area to be searched." recent illegal search and seizure cases 2022 recent illegal search and seizure cases 2022. 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. 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. . Opinions expressed by Forbes Contributors are their own. 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. Defendant's [*7]expectation of privacy in the vehicles is not disputed. In this case, thewarrant'slist of items to be seizedwas extensive, however, there was no mention of any underlying crime that instigated the search. . . 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. 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. LEXIS 20262 (2d Cir. PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. JAIME SISON, LEONARDO YANSON, AND ROSALIE BAUTISTA, Accused. . This is a BETA experience. Based on that information, the court issued a search warrant authorizing a search of Mr. Gordon's "person" and the "entire premises." the premises" (Percival, 756 F2d at 600; compare United States v Reivich, 793 F2d 957, 963 [8th Cir 1986] [exempting "vehicle(s) of a guest or other caller" from the permissible scope of a premises warrant] with United States v Cole, 628 F2d 897, 899-900 [5th Cir 1980] [upholding the search of a truck of a third party that arrived on the property during the execution of the premises warrant]). . 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. . In its October 2019 term, the U.S. Supreme Court will hear arguments in a case that asks whether the Fourth Amendment "always permits a police officer to seize a motorist when the only thing. 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. Video, Inc., 68 NY2d 296, 305-306 [1986]). 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. We are not persuaded by the People's attempts to distinguish our prior cases. People v Garvin, 30 NY3d 174, 185 n 8 [2017] ["Any issues regarding whether New York Constitution, article I, 12 provides greater protection . 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. A state appeals court tossed out Price's conviction for drug possession in May, saying it was based on evidence obtained during an illegal search of his luggage. FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge, Archives of the Committee on Judicial Conduct and Disability, Judicial Panel on Multidistrict Litigation Fees, Federal Court Interpreter Certification Examination, National Court Interpreter Database (NCID) Gateway, Transfer of Excess Judiciary Personal Property, Electronic Public Access Public User Group, Statistical Tables for the Federal Judiciary, Asset Management Planning Process Handbook, Judiciary Conferences That Cost More Than $100,000, Long Range Plan for Information Technology, Proposed Amendments Published for Public Comment, Laws and Procedures Governing the Work of the Rules Committees, How to Suggest a Change to Federal Court Rules and Forms, How to Submit Input on a Pending Proposal, Open Meetings and Hearings of the Rules Committee, Permitted Changes to Official Bankruptcy Forms, Congressional and Supreme Court Rules Packages, Preliminary Drafts of Proposed Rule Amendments, Confidentiality Regulations for Pretrial Services Information, United States of America v. City of Seattle, Rhodes, et al v. Lauderdale County, et al, Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure, Civil Rights, Criminal Law Related Civil Cases, Search and Seizure, Motion for Summary Judgment, Motion to Dismiss, Motion for Summary Judgment, Motion to Dismiss, Status Conference. 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. Accordingly, those courts have held that, under the Fourth Amendment, "[a] search warrant authorizing a search of a certain premises generally includes any vehicles located within its curtilage if the objects of the search might be located therein" (United States v Gottschalk, 915 F2d 1459, 1461 [10th Cir 1990]; accord United States v Armstrong, 546 Fed Appx 936, 939 [11th Cir 2013]; United States v Johnson, 640 F3d 843, 845 [8th Cir 2011]; United States v Patterson, 278 F3d 315, 318 [4th Cir 2002]; Evans, 92 F3d at 543; United States v Duque, 62 F3d 1146, 1151 [9th Cir 1995]; United States v Singer, 970 F2d 1414, 1417-1418 [5th Cir 1992]; United States v Reivich, 793 F2d 957, 963 [8th Cir 1986]; Percival, 756 F2d at 612; United States v Asselin, 775 F2d 445, 447 [1st Cir 1985]).[FN4]. 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. Defendant sought to suppress all evidence seized from the Nissan and Chevrolet. One should hope not. . 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." Applying Ross, I would likewise hold that, where a warrant authorizes a search of the entire premises for items that could be found in a vehicle on those premises, it is reasonable to search a vehicle parked thereon, just as it would be for other containers found on the premises. 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. 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. . Prosecutors initially argued that the failure of listing an actual crime in the warrant was a typographical error. 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] . However, the constitutional mandate of particularity of the place to be searched may not be circumvented by implication as the People urge. Biden then recalled the outspoken Georgia Republican's recent allegations regarding fentanyl deaths. 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). The Nissan, which was registered to Mr. Gordon's cousin, was parked in the driveway of the residence. Judges Rivera, Stein and Fahey concur. 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". Acting pursuant to the authority to search the "entire premises," the police canvassed both apartments and the shed, retrieving from the latter a check writer and set of blank checks believed to have been used in the suspect's check-forging activities. 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. 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 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. From the search of the Nissan, the police retrieved quantities of heroin, cocaine, and assorted drug paraphernalia. upon the magistrate determining probable cause"]). 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. The U.S. Supreme Court ruled unanimously Monday against warrantless searches by police and seizures in the home in a case brought by a man whose guns officers confiscated after a domestic. 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]). 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]). 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. Where a search warrant authorizes the search of premises, a separate showing of probable cause is not required to search containers found on the designated premises, if the object of the search could be found therein. March 20, 2019. . Sign up for our free summaries and get the latest delivered directly to you. at 821). 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 . I dissent. The application contained no mention of the existence of the vehicles ultimately searched, much less evidence connecting them to any criminality. Get free summaries of new Supreme Court of Georgia opinions delivered to your inbox! The converse is also true. 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. Additionally no observation was reported as to any movement of persons between the house and the van. 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). 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. In the Nissan, which defendant was borrowing from the owner, the police found heroin, marijuana, cocaine, money, and drug paraphernalia. Prosecutors appealed, hoping to. "[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]). at 402 [the "ultimate mandate of reasonableness" "depend(s) upon the facts and circumstances"]). 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. at 20). 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 . California v. Lee, California Court of Appeals 2019. 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. 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. The warrant application also detailed drug sales that took place in the street in front of the premises, including a controlled buy with a confidential informant, two undercover buys, and other transactions observed during surveillance of the premises. 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. 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. 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]. The Government obtained a search warrant permitting it to install a Global-Positioning-System (GPS) tracking device on a vehicle registered to respondent Jones's wife. No other contraband was found on Mr. Gordon's person or in the interior of the residence. 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. Discipline in this area benefits not only the Supreme Court in determining its own jurisdiction, but also this Court in establishing a respected body of state constitutional law. This applies when a person has what is known as a legitimate expectation of privacy in the place or thing to be searched. 238453. 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. 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. 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. 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 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 . Sign up for our free summaries and get the latest delivered directly to you. 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. The plain import of this language is that a warrant to search a discrete structure ("a building") does not authorize a search of any container located on the grounds upon which the structure is situated ("vehicles at the premises"), because a search of the latter would exceed the scope of the warrant. 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. 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. But the location of that search was an im-pounded vehiclenot a home"'a constitutional differ-ence'" that the opinion repeatedly stressed. The Court held first that . 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]). Against a backdrop of increasing national attention to police violence, the Supreme Court on Thursday issued an opinion in a closely watched criminal-procedure case that clarifies the meaning of the term "seizure.". Here, there is no dispute that the search warrant was supported by probable cause to believe that defendant was involved in narcotics trafficking on his premises, and, unlike the vehicle in Dumper, defendant's vehicles were parked on the premises when the police arrived to execute the warrant. 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 . 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. 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. That determination must be based upon the factual allegations presented in the warrant application (Nieves, 36 NY2d at 402). 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"]). 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. This site is protected by reCAPTCHA and the Google. 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). 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). We delineated an "independent body" of search-and-seizure law under the State Constitution, and we have explained that, because the state and federal provisions contain similar language and share a common history, any divergence in meaning must derive from a "noninterpretive analysis" focused on "circumstances peculiar to New York" (People v Harris, 77 NY2d 434, 438-439 [1991]). 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. Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources 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]). 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). The garage was completely distinct, indeed incidental, to any illegal activity" (id. Siegal's argument was that such a search was a violation of 4th Amendment rights and submitted a motion toUS District Judge Sandra J. Feuerstein that any evidence gathered in the raid shouldbe suppressed. Court of Appeals Video, Inc., 68 NY2d 296, 304 [1986], quoting People v Johnson, 66 NY2d 398, 406-407 [1985]). Even were we to put aside the contrary reasoning of Hansen and Dumper, the dissent never addresses the fundamental tenets of our search warrant jurisprudence: it is the magistrate, and not the police officer, who determines the scope of the search conducted pursuant to a warrant (Hanlon, 36 NY2d at 559; P.J. It's difficult to have a case without evidence. 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." 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. Nonetheless, as part of the search of the "entire premises," police officers searched two vehicles found onsite: a Nissan Maxima and a Chevrolet sedan. Ross itself does not govern the situation here, and we are skeptical of the wisdom of the federal appellate cases extending it [FN1]. 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. Posey was arrested after the Officer responded to a look out for Robbery suspects. at 128). 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]). 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. 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. Two subsequent cases did. R. v. Valentine, involved a traffic stop on Highway 401, where drugs were later found. The People rely heavily on United States v Ross (456 US 798 [1982]) and several decisions of Federal Courts of Appeals that have determined, under the U.S. Constitution, that a warrant to search an "entire premises" may, under certain circumstances, impliedly authorize a search of automobiles found on the property (e.g. a premises) does not impliedly encompass the others. Individuals do not cede legitimate expectations of privacy when they park a vehicle at the house of a friend, acquaintance or stranger. In People v Rainey, police officers tendered factual allegations sufficient to establish that the defendant's residence likely contained forged or illicit goods. 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. are best promoted by applying State constitutional standards" (Johnson, 66 NY2d at 407) and when the "constitutional protections we have enjoyed in this State . 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. 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. Supreme Court's probable cause analysis is consonant with our prior cases and the record supports its finding, affirmed by the Appellate Division, that the warrant application failed to establish probable cause to search the two vehicles.