recent illegal search and seizure cases 2019
Sign up for our free summaries and get the latest delivered directly to you. 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). 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). 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). Our decision in Dumper rested on two grounds. 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. 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." The Ontario Court of Appeal upheld the legality of a search, despite several problematic issues. 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. Ross itself does not govern the situation here, and we are skeptical of the wisdom of the federal appellate cases extending it [FN1]. It's a fact that check cashing businesses handle a lot of cash and with a lot of cash comes a lot of reporting. 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). 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). Federal law enforcement has issued its share of search warrants, but now another one has been ruled to have been a violation of a defendant's4th Amendment rights (unreasonable search and seizure). 2019) Jun 10, 2020 133 Harv. at 402 [the "ultimate mandate of reasonableness" "depend(s) upon the facts and circumstances"]). The Justices Search help & Tips - Supreme Court of the United States more specific results. equally for all containers, not just vehicles [FN6]. 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. People v Ponder, 54 NY2d 160, 165 [1981] ["(S)ection 12 of article I of the New York State Constitution conforms with the Fourth Amendment regarding the proscription against unreasonable searches and seizures, and this identity of language supports a policy of uniformity in both State and Federal courts"]). A majority of this Court, however, answers that question in the negative. 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." 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. I write and consult on federal criminal law and criminal justice. 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. Two subsequent cases did. You're all set! 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 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. 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 garage was completely distinct, indeed incidental, to any illegal activity" (id. 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 particularity requirement protects the magistrate's determination regarding the permissible scope of the search. "[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]). Before Supreme Court, the People responded by attempting to distinguish our prior decisions and arguing that, if they were distinguishable and therefore not controlling, Supreme Court should adopt the People's preferred rule interpreting the Fourth Amendment. Individuals do not cede legitimate expectations of privacy when they park a vehicle at the house of a friend, acquaintance or stranger. . at 821). Order affirmed. PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. JAIME SISON, LEONARDO YANSON, AND ROSALIE BAUTISTA, Accused. The police searched a car based on the smell of marijuana. 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 Justice Department cited the crime-fraud exception to attorney-client privilege in demanding testimony from a lawyer representing former President Donald Trump in his documents case. 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. Here, based on the uncontroverted probable cause to believe that defendant was engaged in drug trafficking on and around the premises of his residence, the warrant directed to the "entire premises" was sufficiently particular to "enable the searcher to identify the persons, places or things that [a court] has previously determined should be searched or seized" (see People v Nieves, 36 NY2d 396, 401 [1975]). Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. 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. Recent Case : 926 F.3d 369 (7th Cir. 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. 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. 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. upon the magistrate determining probable cause"]). 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 a result, Supreme Court ordered the suppression of physical evidence seized from the two vehicles. 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. Moreover, a search of vehicles is reasonable insofar as defendant may have secreted the objects of the search, i.e., drugs and other evidence of trafficking, in his vehicles (id. 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. During the search of the passenger compartment, the police discovered an open pouch containing marijuana and seized it. 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. 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]). Video, 68 NY2d at 306 [distinguishing federal constitutional law in part of the grounds that New York imposes a "rigorous, fact-specific standard of review . About; License; Lawyer Directory; Projects. In the Supreme Court of Georgia Decided: March 11, 2019 S18A1090. By Glenn Thrush,Michael D. Shear and Maggie Haberman. Bumphus's Fourth Amendment right to be free from unreasonable searches and seizures was violated when the police seized his car and then delayed several days without any legitimate explanation, however small before searching the vehicle, and that The suppression of the gun recovered in the eventual search was warranted. No such connections were made here. Court of Appeals In one of first impression for the Georgia Supreme Court, the issue this case presented centered on the effect of the States delay in obtaining search warrants for data contained in electronic devices when those devices were originally seized in a warrantless, but lawful, manner by police. The garage had a structural and functional existence distinct from defendant's van which should have been recognized by the investigators" (id. Counts 5 through 9 rested in large part on the physical evidence seized from the two vehicles. The warrant further described the premises to include an "attached carport," "a cement driveway," "a cement walkway that leads to the front door," and a "chain link fence." 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. Search and Seizure. 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 debate below focused on the merits of adopting the People's interpretation of the federal standard in light of our prior precedent. [citing to federal and state case law]). March 20, 2019. 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. Judges Rivera, Stein and Fahey concur. 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. We are not persuaded by the People's attempts to distinguish our prior cases. 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]). 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). Facing steeper political headwinds than past cycles, the executive branch is packaging the spying authority known as Section 702 as more than a counterterrorism tool. 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]). 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). The issue in Hansen was whether there was probable cause for the search warrant directed at "two separate target locations discretely described," namely a residence and an "automotive van wherever located" (id. 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. In the Chevrolet, which defendant owned, the police recovered a loaded handgun from the engine block. Attached to the third party's apartment was a shed. This site is protected by reCAPTCHA and the Google. The items that could be seized in the raid were listed as; Why You Need To Take A Look At New RMD Rules: Theyre Flexible, UBS Fuels The Next Decade Of Black Innovation With $3 Million Commitment, This Week In Credit Card News: Visa, Mastercard Pause Crypto Push; Tracking Gun Purchases, Borrowers Receive Student Loan Forgiveness Approval Emails After Court Green-Lights Settlement, Biden May Propose Using Net Investment Income Tax Revenues To Shore Up Medicare, Student Loan Forgiveness: 6 Big Takeaways From Landmark Supreme Court Hearing, Athlete Investors Cant Save Tonals Falling $500 Million Valuation, Mintz, Levin,Cohn, Ferris, Glovsky and Popeo. Nevertheless, in our view, that does not render our repeated citations to the State Constitution meaningless. 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. Biden then recalled the outspoken Georgia Republican's recent allegations regarding fentanyl deaths. G.R. THE STATE v. ROSENBAUM et al. . As part of the investigation, [*2]detectives prepared a search warrant application that alleged the following: (1) on August 13 and August 25, 2015, undercover detectives had engaged in two controlled buys of heroin from Mr. Gordon, (2) a confidential informant had participated in a third controlled purchase from Mr. Gordon, and (3) the detectives had observed several more likely narcotics sales on the evenings of August 25 and 26, 2015. The safety of students and staff and the need to . The State appealed that decision. at 126-127). 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 . Search warrants are issued by judges at the request of law enforcement. 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]). . 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. Prosecutors appealed, hoping to. . 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. The question before us 2021 NY Slip Op 01093 By Jason S. Cherry, J.D. Five Memphis police officers pleaded not guilty to murder charges in the beating death of Mr. Nichols. 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. 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. at 822 [emphasis added]). L. Rev. Terry v. Ohio, 392 U. S. 1, 19, n. 16 (1968). . There is no "constitutional distinction between 'worthy' and 'unworthy' containers" (id.). In the Nissan, which defendant was borrowing from the owner, the police found heroin, marijuana, cocaine, money, and drug paraphernalia. 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. Read more. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. 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. 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]). Opinion by Judge Wilson. Nor did it confront whether the van could reasonably be searched if the van was located on the residence when the van was searchedhow could it, after all, given that its opinion does not even indicate whether the van was in fact located on the residence when it was searched.[FN7]. at 21). 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. Finally, in People v Sciacca (45 NY2d 122 [1978]), we held that tax investigators who had a valid warrant to search an automobile exceeded the scope of that warrant by entering into a private garage in order to execute the search of the vehicle. Supreme Court granted the motion to suppress, and the Appellate Division affirmed. . 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. These protections take shape in two ways . 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 police chief has said the department needs more supervisors. This case presents the question whether the Fourth Amendment tolerates a dog sniff conducted after completion of a traffic stop. 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). 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." "Listen to this mother, who lost two children to fentanyl poisoning, tell the truth about . 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. D E C I S I O N. LEONEN, J.: For a "stop and frisk" search to be valid, the totality of suspicious circumstances, as personally observed by the arresting officer, must lead to a genuine reason to suspect that a person is committing an illicit act. 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. 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]. 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. at 21 [emphasis added]). In an omnibus motion, Mr. Gordon moved to suppress that evidence. A Judge of this Court granted the People leave to appeal (33 NY3d 976 [2019]). If that proof is insufficient to convince the magistrate to authorize a search of the vehicles, allowing a search because the vehicles are located on a premises would constitute an unconstitutional bootstrapping.[FN2]. South Dakota v Opperman, 428 US 364, 367-368 [1976]; People v Galak, 81 NY2d 463, 467 [1993]). 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]). 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. Before the motion court, defendant argued that he was entitled to suppression because the search of the vehicles fell outside the scope of the warrant. Thus, Mr. Gordon preserved the argument that, notwithstanding United States v Ross and related federal circuit court decisions, our state law remains the same as we articulated in our decisions in Hansen, Dumper, Sciacca, and Rainey. 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. 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. While this Court has not yet had the opportunity to answer it, the question is certainly not a novel one for courts. Collins v. Virginia The activity described in the affidavit, without more, was innocuous and as consistent with innocence as with criminal activity" (id.). 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. Sign up for our free summaries and get the latest delivered directly to you. 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 . 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." 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.". "This rule applies equally to all containers" (id. . July 31, 2019. 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. 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. LARRY SABUCO MANIBOG, Petitioner vs. PEOPLE OF THE PHILIPPINES, Respondent. By Steve Eder,Matthew Rosenberg,Joseph Goldstein,Mike Baker,Kassie Bracken and Mark Walker. 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 fact that premises are generally fixed while persons and vehicles are moveable presents a problem to officers executing search warrants. You may opt-out by. 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.
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