recent illegal search and seizure cases 2019

Get free summaries of new New York Court of Appeals opinions delivered to your inbox! Justice Ginsburg delivered the opinion of the Court. D E C I S I O N. LEONEN, J.: To be valid, searches must proceed from a warrant issued by a judge.1 While there are exceptions to this rule, warrantless searches can only be carried out when founded on probable cause . Prosecutors initially argued that the failure of listing an actual crime in the warrant was a typographical error. 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). Even were we writing on a blank slate, we would not adopt the rule advocated by the People. You already receive all suggested Justia Opinion Summary Newsletters. 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]). Our conclusion that the officers in this case exceeded the scope of the warrant finds support both in our prior cases and in the Criminal Procedure Law (CPL) (see Hanlon, 36 NY2d at 559 ["(P)robable cause (must be) demonstrated as a matter of fact in the manner prescribed by statute (CPL art. . As a repeat offender, a Passaic County judge sentenced him to consecutive prison terms totaling 25 years, and at. 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. It is not clear if the search, which was done with the cooperation of Mr. Bidens legal team, uncovered any additional classified files. In an omnibus motion, Mr. Gordon moved to suppress that evidence. at 126-127). Get free summaries of new Supreme Court of Georgia opinions delivered to your inbox! 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]. 2019) Jun 10, 2020 133 Harv. at 128). 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 debate below focused on the merits of adopting the People's interpretation of the federal standard in light of our prior precedent. Posted by Brett McGarry. Our decision in Dumper rested on two grounds. 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. at 20). 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. Recent Case : 926 F.3d 369 (7th Cir. The trial court suppressed the evidence derived from the devices, relying on persuasive authority from the United States Court of Appeals for the Eleventh Circuit to find that the delay between the seizure of the devices and the issuance of the search warrants for the data contained in them was unreasonable and thus violated appellees rights under the Fourth Amendment and Georgia law. We delineated an "independent body" of search-and-seizure law under the State Constitution, and we have explained that, because the state and federal provisions contain similar language and share a common history, any divergence in meaning must derive from a "noninterpretive analysis" focused on "circumstances peculiar to New York" (People v Harris, 77 NY2d 434, 438-439 [1991]). Siegal represents John Drago who owned and operated a check cashing business, Kayla Companies. The legislature's instruction that a warrant may direct a search of "one or more of the following" strongly suggests that a warrant which directs the search of only one category (e.g. The defendant controverted the warrant, arguing that it was "constitutionally deficient for not 'particularly describing the place to be searched'" (Rainey, 14 NY2d at 36, citing NY Const, art I, 12; US Const, 4th Amend]). at 21 [emphasis added]). Download scientific diagram | the data for elephant Poaching, Ivory Prices in china, Vietnam and Japan, and economic Performance and Seizures in china, 2005-2019: (a) Proportion of Illegally . . Pero hay contrastes con el caso de los papeles recuperados en la residencia de Trump. 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. . The cases dealt with investigative detention, the insanity defense, cross-border shootings . Defendant sought to suppress all evidence seized from the Nissan and Chevrolet. In Ross, the Supreme Court held that when police officers have probable cause to conduct a warrantless search of the trunk of a vehiclebased on an informant's tip that narcotics were being kept in the trunk of the carthe police may open a paper bag found inside the trunk (Ross, 456 US at 801). But it is equally important that ambiguous or obscure adjudications by state courts do not stand as barriers to a determination by this Court of the validity under the federal constitution of state action'"]). 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). The Government obtained a search warrant permitting it to install a Global-Positioning-System (GPS) tracking device on a vehicle registered to respondent Jones's wife. at 299). Two subsequent cases did. Feuerstein askedMagistrate Judge Anne Y. Washington CNN The Supreme Court on Monday wiped away a lower court decision that held that law enforcement could enter a Rhode Island man's home and seize his firearms without a warrant. Rather than forthright basing this extreme position on the Fourth Amendment and application of Supreme Court precedenta decision that would theoretically be more readily reviewed by the Supreme Court (perhaps because this Court has now become an outlier and created a "split" in the interpretation of Ross)the majority relies, in some unspecified way, on our case law that not only is inapposite, but also predates Ross and was decided without the benefit of subsequent constitutional law on the import of containers located in the areas designated to be searched in warrants. . 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. [citing to federal and state case law]). As explained below, the constitutional principles we have developed in this area, including judicial monitoring of the search warrant process and the importance of probable cause and particularity, strongly weigh against the People's proposed rule. On appeal, the Appellate Division affirmed, and we now do so as well. Both conclusions fundamentally alter our jurisprudence. 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 . People v Garvin, 30 NY3d 174, 185 n 8 [2017] ["Any issues regarding whether New York Constitution, article I, 12 provides greater protection . Attached to the third party's apartment was a shed. In another case of illegal search and seizure, three Chicago police officers and one Glenview police officer who were involved in an illegal search and seizure of a man's car were deemed guilty of perjury, obstructing justice, and official misconduct earlier this year when it was found that they had illegally searched the defendant's . The Georgia Supreme Court concluded the analysis developed by the Eleventh Circuit was appropriate, the trial courts findings of fact were supported by the record, and the trial court did not err in granting the motion to suppress. 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. 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. 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). 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]. 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. This site is protected by reCAPTCHA and the Google. People v Dumper (28 NY2d 296 [1971]), cited in Sciacca, is also unavailing. 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. When the People invoked Ross in their response papers, defendant ignored the argument.[FN8]. July 31, 2019. You may opt-out by. 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 reason the warrant did not describe the vehicles in this case, as in Dumper, is that the warrant application materials failed to mention the vehicles, which consequently fell beyond the scope of the warrant. Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources 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. 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. Search warrants are issued by judges at the request of law enforcement. Based on that information, the court issued a search warrant authorizing a search of Mr. Gordon's "person" and the "entire premises." The warrant application did not refer to any vehicles. InJune 13, 2017, U.S. District Judge Alison Nathan delivered a blistering account ofthoseFBI raidsWey's attorney. The significance of that conclusion relates back to the basic standards for issuing and reviewing search warrants (see Nieves, 36 NY2d at 402 [ "In reviewing the validity of a search warrant . 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. Additionally no observation was reported as to any movement of persons between the house and the van. Although a defendant must preserve a state constitutional analysis, Mr. Gordon has maintained throughout this litigation that the holdings of our jurisprudence should not follow the federal appellate extensions of United States v Ross, and that the rationale and considerations that undergird our jurisprudence counsel against adopting any extension of Ross that might displace them. The Fourth Amendment provides important constitutional limits on abusive policing. Finally, the dissent argues that we are bound to decide this case purely as an application of the Supreme Court's decision in United States v Ross because Mr. Gordon has not preserved a claim under the State Constitution. 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. 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. From the search of the Nissan, the police retrieved quantities of heroin, cocaine, and assorted drug paraphernalia. . The police searched a car based on the smell of marijuana. 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. LEXIS 20262 (2d Cir. The factual materials prepared for the search warrant made no mention of any vehicles associated with Mr. Gordon or the premises as allegedly being involved in the observed criminal activity. Nonetheless, as part of the search of the "entire premises," police officers searched two vehicles found onsite: a Nissan Maxima and a Chevrolet sedan. Because a driveway and a backyard located within the curtilage are part of the "entire premises," there was no constitutional impediment to the police search of the two vehicles.

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