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. Counts 5 through 9 rested in large part on the physical evidence seized from the two vehicles. Feuerstein askedMagistrate Judge Anne Y. at 20). Our decision in Dumper rested on two grounds. 238453. at 127). Video, Inc., 68 NY2d 296, 304 [1986], quoting People v Johnson, 66 NY2d 398, 406-407 [1985]). 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). 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." 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.). Radel pleaded guilty in August 2019 to two counts of illegal gun possession. It's difficult to have a case without evidence. 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). and the entire premises" from which Mr. Gordon was seen emerging. From the search of the Nissan, the police retrieved quantities of heroin, cocaine, and assorted drug paraphernalia. 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. at 299). 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. 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. Posted on 26 Feb in greenshield pharmacy intervention codes. 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". Yesterday, Judge Feuerstein issued anorderconfirming that information gained from the search would not be admissible. I write and consult on federal criminal law and criminal justice. United States v Pennington, 287 F3d 739, 745 [8th Cir 2002]; United States v Percival, 756 F2d 600, 611-613 [7th Cir 1985]). at 126-127). 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. Rainey established that probable cause to search a suspect's residence did not encompass the authority to search a separate residence, even if both were located on the same premises. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. Thus, to be valid, a search warrant must be "specific enough to leave no discretion to the executing officer" (People v Brown, 96 NY2d 80, 84 [2001], quoting People v Darling, 95 NY2d 530, 537 [2000]). Thus, the majority upsetsto say the leastthis Court's well settled preservation rules holding that defendant preserved an argument that the State Constitution provides heightened protection simply by citing several New York cases in which the sole reference to the New York Constitution is in a parallel cite with the Federal Constitution. The particularity requirement protects the magistrate's determination regarding the permissible scope of the search. 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. 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. By Alan Feuer,Maggie Haberman and Ben Protess. (c) A designated or described person"]). 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. 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). 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). The officers stopped the man, subjected him to a patdown search, and then inspected the interior of the vehicle for other weapons. 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. The court issued a search warrant authorizing a search of Defendant's "person" and the "entire premises." The Fourth Amendment provides important constitutional limits on abusive policing. Two subsequent cases did. Video, 68 NY2d at 307 [noting that Hanlon "imposed a specific, nondelegable burden on the magistrate which required that (the magistrate), not the police, determine probable cause"]). In this case, by comparison, the warrant application contained no mention whatsoever of the existence of the vehicles ultimately searched, much less evidence connecting them to any criminality. 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. Authority to search a vehicle does not include authority to enter private premises to effect a search of a vehicle within those premises. Individuals do not cede legitimate expectations of privacy when they park a vehicle at the house of a friend, acquaintance or stranger. . During execution of the warrant, the police searched two vehicles: (1) a Nissan Maxima parked on the driveway of the property and (2) an unregistered 2000 Chevrolet sedan parked in the backyard. Order affirmed. 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. 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. 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. Video, Inc., 68 NY2d 296, 305-306 [1986]). This site is protected by reCAPTCHA and the Google. 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]). Search and Seizure Latest Search Biden Administration Asks Congress to Reauthorize Warrantless Surveillance Law Facing steeper political headwinds than past cycles, the executive branch is. 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. 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. 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"]). . Cases involving violations of basic rights of citizensin order to achieve a criminal enforcement action is simply wrong. A search of the Chevrolet revealed a loaded handgun. 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 . 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). A Judge of this Court granted the People leave to appeal (33 NY3d 976 [2019]). On appeal, the Appellate Division affirmed, and we now do so as well. 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. 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 . 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. While this Court has not yet had the opportunity to answer it, the question is certainly not a novel one for courts. In the Nissan, which defendant was borrowing from the owner, the police found heroin, marijuana, cocaine, money, and drug paraphernalia. This Court has never held that a mere reference or citation to both a state constitutional provision and its federal counterpart is enough to preserve an argument that the parallel state provision provides for heightened protection. Read more. 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. Section 690.15 (1) of the CPL states: "1. 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]). 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. We decline to distort our preservation rule in such a manner where, as here, the claim was brought to the attention of the courts below, litigated by the parties, and addressed by the courts. People v Garvin, 30 NY3d 174, 185 n 8 [2017] ["Any issues regarding whether New York Constitution, article I, 12 provides greater protection . As the Court made clear, the fact that the warrant in Sciacca "authorized the search of a particular van and nothing else" did not mean that "a vehicle may never be searched while on private property" (id. Siegal represents John Drago who owned and operated a check cashing business, Kayla Companies.
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