For example, "a warrant that authorizes an officer to search a home for illegal weapons also provides authority to open closets, chests, drawers, and containers in which the weapon might be found" (Ross, 456 US at 821). . 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). Instead, defendant supported his suppression argument with citations to this Court's decisions in Rainey, Dumper, Hansen, and Sciacca. 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]. Siegal. Authority to search a vehicle does not include authority to enter private premises to effect a search of a vehicle within those premises. No such connections were made here. People v Garvin, 30 NY3d 174, 185 n 8 [2017] ["Any issues regarding whether New York Constitution, article I, 12 provides greater protection . Cases - Search and seizure - {{meta.siteName}} On appeal, the Appellate Division affirmed, and we now do so as well. 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. It is a matter of preserving rights whichall of us enjoy, and there is nobetter place to enforce those rights than in a court of law. When the People invoked Ross in their response papers, defendant ignored the argument.[FN8]. We have on several occasions addressed the permissible scope of a search based on allegations of illegal activity occurring at a residence or premises (see e.g. G.R. No. 211214 - Lawphil 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. Additionally no observation was reported as to any movement of persons between the house and the van. The converse is also true. Two Cases of Illegal Search and Seizure by Chicago Police While this Court has not yet had the opportunity to answer it, the question is certainly not a novel one for courts. Defense Attorney David Fischer successfully convinced Judge Kara K. Ueda in his motion to suppress the search and seizure because the stop itself for "illegal" tinted windows" was not legal and the subsequent search was not lawful because of the illegal stop and because the "pat search" was not lawful. People v Hansen (38 NY2d 17 [1975]), also cited by the Court in Sciacca, is likewise factually inapposite and not controlling. The People's contention that a search warrant authorizing the search of a premises encompasses an implicit grant of [*5]authority to search all vehicles located on the property undermines the legislature's delineation of three distinct categories as appropriate subjects of a search (see Matter of Orens v Novello, 99 NY2d 180, 187 [2002] ["When different terms are used in various parts of a statute or rule, it is reasonable to assume that a distinction between them is intended"], quoting Matter of Albano v Kirby, 36 NY2d 526, 530 [1975]; Rangolan v County of Nassau, 96 NY2d 42, 47 [2001] ["where . 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. Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. 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. 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. For the controlled and undercover buys, defendant agreed in advance to meet at his residence for the purpose of selling heroin. 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). 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. This applies when a person has what is known as a legitimate expectation of privacy in the place or thing to be searched. 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. The officers stopped the man, subjected him to a patdown search, and then inspected the interior of the vehicle for other weapons. 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). 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]). 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]). Cases involving violations of basic rights of citizensin order to achieve a criminal enforcement action is simply wrong. LEONARDO YANSON, Accused-Appellant. the requirements of judicial supervision in the warrant process" (P.J. 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. 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 . 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. "Listen to this mother, who lost two children to fentanyl poisoning, tell the truth about . 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]. You can explore additional available newsletters here. 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". 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. In a 2017 case involving Wall Street financier Benjamin Wey, defense attorney David Siegal, said that FBI agents had gone too far in their search for random items during a raid on Wey's office and residence. the 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]). 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. 690) and decisional law"]). Legal Digest: U.S. Supreme Court Cases, 2019-2020 Term 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 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]). 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. Read more. . 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. 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). 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"]). at 299). 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. a premises) does not impliedly encompass the others. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. United States v Pennington, 287 F3d 739, 745 [8th Cir 2002]; United States v Percival, 756 F2d 600, 611-613 [7th Cir 1985]). 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." 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. Judge Feinman dissents in an opinion in which Chief Judge DiFiore and Judge Garcia concur. at 821). It is the majority's treatment of the state constitutional issue that is most problematic. 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. 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. Search and Seizure - The New York Times A majority of this Court, however, answers that question in the negative. 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. Five Scorpion officers are charged with murdering Tyre Nichols during an arrest. You're all set! BOGGS, Justice. A Bankruptcy or Magistrate Judge? G.R. No. 238453 - Lawphil The warrant here authorized the search of a particular van and nothing else. Search - Supreme Court of the United States THE STATE v. ROSENBAUM et al. Nonetheless, we decline, as a matter of state constitutional law, to adopt either version of the federal rule advocated by the People. In the proceedings below, Supreme Court held that although the police had probable cause to search Mr. Gordon and his residence, the warrant did not encompass the search of two vehicles located outside the residence, and the police lacked probable cause to search those vehicles. 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]). You already receive all suggested Justia Opinion Summary Newsletters. 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. 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). . The determinative question on appeal is whether a valid warrant, supported by probable cause and authorizing the search of the "entire premises," permits the search of vehicles parked on the designated premises, when the vehicles may contain the items authorized to be seized by the warrant, but the warrant does not specifically mention the vehicles. The debate below focused on the merits of adopting the People's interpretation of the federal standard in light of our prior precedent. Shield to look into the matter. Like Sciacca and Dumper, Hansen focused on the basic tenets of probable cause of criminal activity in the warrants at issue and did not address the question here. 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. Sign up for our free summaries and get the latest delivered directly to you. 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. Video, Inc., 68 NY2d 296, 304 [1986], quoting People v Johnson, 66 NY2d 398, 406-407 [1985]). Defendant did not support that argument with any state constitutional analysis. . This Court upheld the validity of the search and seizure under Terry. Radel pleaded guilty in August 2019 to two counts of illegal gun possession. It's a fact that check cashing businesses handle a lot of cash and with a lot of cash comes a lot of reporting. Wilson, J. The Supreme Court's Next Big Fourth Amendment Case - Reason.com 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. 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. 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 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. 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). and the entire premises" from which Mr. Gordon was seen emerging. Posted by Brett McGarry. Nearly 30 years ago, an Appellate Division court applied Ross to reach the same conclusion (see People v Powers, 173 AD2d 886, 888-889 [3d Dept 1991] [interpreting Ross to permit the search of a vehicle owned or controlled by the owner of the premises authorized to be searched by the warrant], lv denied 78 NY2d 1079 [1991]). 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." Nonetheless, as part of the search of the "entire premises," police officers searched two vehicles found onsite: a Nissan Maxima and a Chevrolet sedan. R. v. Valentine, involved a traffic stop on Highway 401, where drugs were later found. 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. The police chief has said the department needs more supervisors. Instead of attempting to ameliorate the concern by, as other courts have done, fashioning an appropriate rule (see n 1, supra), the majority categorically prohibits the search of vehicles pursuant to a premises warrant unless the vehicles are identified in the warrant application and supported by a separate showing of probable cause, making vehicles concealed on premises effectively search proof.

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