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. at 822 [emphasis added]). . This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. No such connections were made here. 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.). On appeal, the Appellate Division affirmed, and we now do so as well. 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]). R. v. Valentine, involved a traffic stop on Highway 401, where drugs were later found. 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). You may opt-out by. 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. The Supreme Court did not address whether a search of an automobile could be upheld when the information supporting a warrant application is determined by a magistrate to justify the search of a premises but makes no mention of vehicles located on the property. 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. 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. You already receive all suggested Justia Opinion Summary Newsletters. Search warrants are issued by judges at the request of law enforcement. 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. Mr. Gordon was arrested and arraigned on a 9-count indictment. 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. Two subsequent cases did. You can explore additional available newsletters here. 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. 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]. This opinion is uncorrected and subject to revision before publication in the Official Reports. 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. People v Garvin, 30 NY3d 174, 185 n 8 [2017] ["Any issues regarding whether New York Constitution, article I, 12 provides greater protection . 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]). 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. . 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. . LEXIS 20262 (2d Cir. The warrant application did not refer to any vehicles. Shield to look into the matter. This case presents the question whether the Fourth Amendment tolerates a dog sniff conducted after completion of a traffic stop. Order affirmed. 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]). Probable cause must be shown in each instance" (id. Supreme Court granted Mr. Gordon's motion to suppress. InJune 13, 2017, U.S. District Judge Alison Nathan delivered a blistering account ofthoseFBI raidsWey's attorney. . 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. According to the Government, it willnow more than one year after seeking the indictment, more than six years after theexecution of the search, and almost eight years from beginning its investigation into Johnsbusiness ask the grand jury to issue yet another charge against John, by way of anostensible superseding indictment, and to expand on the description and scope of the conductcharged in the current indictment. Federal courts, applying Ross, have found that vehicles located in the area to be searched are a type of containerworthy of no more protection than other types of containers (see e.g. Search and Seizure. Those limits have not been honored in this case. The requirement that warrants must describe with particularity the places, vehicles, and persons to be searched is vital to judicial supervision of the warrant process (see People v P.J. 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 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. 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. Attached to the third party's apartment was a shed. Get free summaries of new New York Court of Appeals opinions delivered to your inbox! 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). District of Kansas : Civil Rights, Search and Seizure : Jury Trial : House v. Government prosecutorssaid that they intend to seek a superseding indictment on new allegations. 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] . This case considers, for the first time in Georgia, the effect of the State's 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. at 20-21). In this case, thewarrant'slist of items to be seizedwas extensive, however, there was no mention of any underlying crime that instigated the search. 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 . 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.). In the Supreme Court of Georgia Decided: March 11, 2019 S18A1090. 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. But the location of that search was an im-pounded vehiclenot a home"'a constitutional differ-ence'" that the opinion repeatedly stressed. 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. During the search of the passenger compartment, the police discovered an open pouch containing marijuana and seized it. This site is protected by reCAPTCHA and the Google. 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. 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. Steve Eder,Matthew Rosenberg,Joseph Goldstein,Mike Baker,Kassie Bracken. Although some Federal Courts of Appeals have interpreted the Fourth Amendment in a manner that might permit the search here, we decline to follow suit. . 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. Judge Feinman dissents in an opinion in which Chief Judge DiFiore and Judge Garcia concur. 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. 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. 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. 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. A majority of this Court, however, answers that question in the negative. Video, Inc., 68 NY2d 296, 305-306 [1986]). upon the magistrate determining probable cause"]). 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]. 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 . We next addressed the search of a vehicle associated with a residence in People v Hansen. 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). 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. 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. 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]. The court issued a search warrant authorizing a search of Defendant's "person" and the "entire premises." The Chevrolet, parked in the backyard behind two fences, was unregistered. 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. at 821). The fact that premises are generally fixed while persons and vehicles are moveable presents a problem to officers executing search warrants. 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. While the majority characterizes these cases as setting forth state constitutional lawsimply by retroactively decreeing them to do so (majority op at 19)it is not clear if the majority intends these cases to stand for our contrary interpretation of the Federal Constitution, to form some kind of common-law rule, to be an implied application of the Criminal Procedure Law, or to express a heightened state constitutional standard. When the People invoked Ross in their response papers, defendant ignored the argument.[FN8]. I disagree. at 127) is dictum and, in any event, lacks context as to its intended application. 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. Based on that information, the court issued a search warrant authorizing a search of Mr. Gordon's "person" and the "entire premises." 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. THE STATE v. ROSENBAUM et al. 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. at 128). 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). . Our prior decisions, relied upon by Mr. Gordon and the courts below, depended upon both the State and Federal Constitutions as well as the Criminal Procedure Law. South Dakota v Opperman, 428 US 364, 367-368 [1976]; People v Galak, 81 NY2d 463, 467 [1993]). 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. Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources . Ross itself does not govern the situation here, and we are skeptical of the wisdom of the federal appellate cases extending it [FN1]. 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. are best promoted by applying State constitutional standards" (Johnson, 66 NY2d at 407) and when the "constitutional protections we have enjoyed in this State . Additionally, all of those cases either directly rely on federal case law, or rely on New York cases that turned on federal case law, in deciding the search-and-seizure issues before them (see Sciacca, 45 NY2d at 127-129; Hansen, 38 NY2d at 21-23; Dumper, 28 NY2d at 299; Rainey, 14 NY2d at 38). 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. As an initial matter, these cases are factually distinguishable in pivotal aspects from the issue we are deciding and are not in conflict with Ross. The authorities of the two countries have worked together to round up statues, vases and bronzes, some of which had appeared in American museums. 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). 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. 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. . Accordingly, the order of the Appellate Division should be affirmed. 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). Judges Rivera, Stein and Fahey concur. 211214. In reply, Mr. Gordon specifically rejected the importation of the federal circuit court law into this context and contended that the People's position would amount to a "detour from established precedent." The warrant here authorized the search of a particular van and nothing else. To avoid answering the state constitutional component on preservation grounds would be to overrule those cases as a matter of federal and state constitutional law, while concomitantly maintaining that defendant failed to preserve a state constitutional claim. In the Chevrolet, which defendant owned, the police recovered a loaded handgun from the engine block.
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