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I disagree. Based on that information, the court issued a search warrant authorizing a search of Mr. Gordon's "person" and the "entire premises." the requirements of judicial supervision in the warrant process" (P.J. 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. 2021 NY Slip Op 01093 No. Opinions expressed by Forbes Contributors are their own. 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"]). You're all set! Five Scorpion officers are charged with murdering Tyre Nichols during an arrest. 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. Collins v. Virginia 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). This site is protected by reCAPTCHA and the Google. Video, Inc., 475 US 868, 872 n 4 [1986] [same, where the opinion "cited the New York Constitution only once, near the beginning of its opinion, and in the same parenthetical also cited the Fourth Amendment to the United States Constitution"]). In Hansen, the police surveilled the van in question, recorded its repeated travels to and from the residence, and specifically mentioned the vehicle in the warrant. 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. Authority to search a vehicle does not include authority to enter private premises to effect a search of a vehicle within those 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. 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. 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. Additionally, in Dumper, we invalidated the search warrant based on the absence of probable cause of criminal activity to sustain any search. Administrative Oversight and Accountability, Director of Workplace Relations Contacts by Circuit, Fact Sheet for Workplace Protections in the Federal Judiciary, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. 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]. Because the search warrant in this case contained no references to the vehicles and the record supports the finding of Supreme Court that the search warrant materials failed to provide probable cause to search the vehicles, the evidence seized therefrom was properly suppressed. The search, like at least two others conducted at locations associated with President Biden, was undertaken with the cooperation of the president and his legal team. 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, 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). 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 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]). Ross itself does not govern the situation here, and we are skeptical of the wisdom of the federal appellate cases extending it [FN1]. 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. equally for all containers, not just vehicles [FN6]. Even were we writing on a blank slate, we would not adopt the rule advocated by the People. No. 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. The police searched a car based on the smell of marijuana. 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]). 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. and the entire premises" from which Mr. Gordon was seen emerging. We explained: "The observations of the police were that this van had made 'trips in and out carrying at least one other person in addition to the driver', and that it was 'the sole vehicle observed entering and leaving these premises on a regular basis'. 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. Two subsequent cases did. In People v Rainey, police officers tendered factual allegations sufficient to establish that the defendant's residence likely contained forged or illicit goods. 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. 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. In this area of constitutional law, we have set forth principles that would be unduly weakened by the People's preferred rule (see People v Johnson, 66 NY2d 398, 407 [1985]). 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. Biden then recalled the outspoken Georgia Republican's recent allegations regarding fentanyl deaths. You're all set! District of Kansas : Civil Rights, Search and Seizure : Jury Trial : House v. 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). These protections take shape in two ways . 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. 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. 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. There is no justification for such an extreme position. The Fourth Amendment provides important constitutional limits on abusive policing. Mr. Gordon was arrested and arraigned on a 9-count indictment. Feuerstein askedMagistrate Judge Anne Y. 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). 413 U. S., at 439; see also id., at 440-442. InAugust 2013,Special Agent Michael Snedekerprovided an affidavit to an Eastern District of NYmagistrate judge to request a search of Kayla. This applies when a person has what is known as a legitimate expectation of privacy in the place or thing to be searched. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. 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. 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. L. Rev. 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. 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. 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." When the People invoked Ross in their response papers, defendant ignored the argument.[FN8]. 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 . One should hope not. At the police station, Detectives Fichter and Latorre conducted an inventory search of Williams' car in accordance with the NYPD's . 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. People v Nieves, 36 NY2d 396, 400 [1975] [a person's mere presence on the premises where suspected gambling is occurring is insufficient to justify a search]). Pero hay contrastes con el caso de los papeles recuperados en la residencia de Trump. 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 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. It's a fact that check cashing businesses handle a lot of cash and with a lot of cash comes a lot of reporting. Video, Inc., 68 NY2d 296, 304 [1986], quoting People v Johnson, 66 NY2d 398, 406-407 [1985]). The Appellate Division affirmed, concurring in Supreme Court's conclusion that "the search warrant did not particularize that a search of the vehicles was permitted" and "probable cause to search those vehicles had not been established in the application for the search warrant" (169 AD3d 714, 714-715 [2d Dept 2019] [internal citations omitted]). 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 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]). 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). United States v Pennington, 287 F3d 739, 745 [8th Cir 2002]; United States v Percival, 756 F2d 600, 611-613 [7th Cir 1985]). People v Hansen (38 NY2d 17 [1975]), also cited by the Court in Sciacca, is likewise factually inapposite and not controlling. Additionally no observation was reported as to any movement of persons between the house and the van. 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. In the appropriate case, Dumper may be relevant in assessing how we would decide that issue, but it is not relevant here. 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. BOGGS, Justice. 2019) Jun 10, 2020 133 Harv. at 126-127). Video, Inc., 68 NY2d 296, 305-306 [1986]). . 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 . 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. 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. 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. at 37). 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. Yesterday, Judge Feuerstein issued anorderconfirming that information gained from the search would not be admissible. You already receive all suggested Justia Opinion Summary Newsletters. By Steve Eder,Matthew Rosenberg,Joseph Goldstein,Mike Baker,Kassie Bracken and Mark Walker. After the House Homeland Security Committee heard testimony from a Michigan woman whose sons died after unknowingly taking the synthetic opioid in 2020, Taylor Greene tweeted a clip from the hearing. However, Siegal struck back with a letter to Judge Feuerstein regarding the prosecutor's intentions to pursue criminal action against Drago: In its letter, the Government has asserted that, notwithstanding the suppression of theevidence, it intends to proceed with prosecuting John [Drago]. Individuals do not cede legitimate expectations of privacy when they park a vehicle at the house of a friend, acquaintance or stranger. Five Memphis police officers pleaded not guilty to murder charges in the beating death of Mr. Nichols. 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. . Posted by Brett McGarry. R. v. Valentine, involved a traffic stop on Highway 401, where drugs were later found. Siegal. 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). 690) and decisional law"]). July 31, 2019. at 20-21). 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. A search of the Chevrolet revealed a loaded handgun. During the search of the passenger compartment, the police discovered an open pouch containing marijuana and seized it. Residents say the street crime unit was an intimidating and sometimes violent presence in the city. LEONARDO YANSON, Accused-Appellant. 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 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. 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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. 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. Opinion by Judge Wilson. This means that law enforcement agents need probable cause, and a warrant in most cases, to search your person or belongings. 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. at 299). Read more. 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. The majority's "clarif[ication]" of the cases (which comes nearly a half century later), transforming them into state constitutional decisions, is nothing short of judicial legerdemain (majority op at 19). March 20, 2019. recent illegal search and seizure cases 2022 recent illegal search and seizure cases 2022. Decided on February 18, 2021 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. provided an affidavit to an Eastern District of NYmagistrate judge to request a search of Kayla. Although this Court has, starting in the 1980s, adopted "independent standards" under the State Constitution,[FN10] we have also continued to stress that the history of article I, 12 of the New York Constitution "supports the presumption" that the provision against unlawful searches and seizures conforms with that found in the Fourth Amendment (People v P.J. The officers stopped the man, subjected him to a patdown search, and then inspected the interior of the vehicle for other weapons. Posey was arrested after the Officer responded to a look out for Robbery suspects. But the location of that search was an im-pounded vehiclenot a home"'a constitutional differ-ence'" that the opinion repeatedly stressed. 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). 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"]).