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. Mr. Gordon relies primarily on New York precedent; the People look instead to federal caselaw for guidance. 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 . 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"]). There is no justification for such an extreme position. 2019) Jun 10, 2020 133 Harv. 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. The Court held first that . 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. Justice Ginsburg delivered the opinion of the Court. The police searched a car based on the smell of marijuana. United States v Evans, 92 F3d 540, 543 [7th Cir 1996] ["It seems to us that a car parked in a garage is just another interior container, like a closet or a desk"]; United States v Percival, 756 F2d 600, 612 [7th Cir 1985] ["Although a car is less fixed than a closet or cabinet, . From the search of the Nissan, the police retrieved quantities of heroin, cocaine, and assorted drug paraphernalia. 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). 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. 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. The Nissan, which was registered to Mr. Gordon's cousin, was parked in the driveway of the residence. As in Hansen, "no observation was reported as to any movement of persons between the house and the [vehicles]" (Hansen, 38 NY2d at 20) that would substantiate a belief that the vehicles searched were utilized in the alleged criminal activity. . Mr. Gordon was arrested and arraigned on a 9-count indictment. . This means that law enforcement agents need probable cause, and a warrant in most cases, to search your person or belongings. The Chevrolet, parked in the backyard behind two fences, was unregistered. This is a BETA experience. 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). Siegal's argument was that such a search was a violation of 4th Amendment rights and submitted a motion toUS District Judge Sandra J. Feuerstein that any evidence gathered in the raid shouldbe suppressed. Applying Ross, I would likewise hold that, where a warrant authorizes a search of the entire premises for items that could be found in a vehicle on those premises, it is reasonable to search a vehicle parked thereon, just as it would be for other containers found on the premises. 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's a fact that check cashing businesses handle a lot of cash and with a lot of cash comes a lot of reporting. In the Supreme Court of Georgia Decided: March 11, 2019 S18A1090. People v Gordon . The warrant application also detailed drug sales that took place in the street in front of the premises, including a controlled buy with a confidential informant, two undercover buys, and other transactions observed during surveillance of the premises. Nevertheless, in our view, that does not render our repeated citations to the State Constitution meaningless. Prosecutors appealed, hoping to. 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. Get free summaries of new Supreme Court of Georgia opinions delivered to your inbox! Opinions expressed by Forbes Contributors are their own. Get free summaries of new New York Court of Appeals opinions delivered to your inbox! 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. . Home - Supreme Court of the United States Docket Search Chief Justice's Year-End Reports on the Federal Judiciary Today at the Court - Wednesday, Feb 22, 2023 The Court will convene for a public session in the Courtroom at 10 a.m. "Listen to this mother, who lost two children to fentanyl poisoning, tell the truth about . His sole contention was that the search of the vehicles was outside the scope of the search permitted by the warrant, noting that the vehicles were not in an attached garage and thus not part of the home. 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. 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. 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. 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]. 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]). 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. In fact, Cady expressly con-trasted its treatment of a vehicle already under police con-trol with a search of a car "parked adjacent to the dwelling 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. The Fourth Amendment provides important constitutional limits on abusive policing. 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"]). Rainey did not address whether the need to provide particular probable cause for separate residences extended to providing particularized probable cause for vehicles found at or associated with a residence. The application contained no mention of the existence of the vehicles ultimately searched, much less evidence connecting them to any criminality. In light of the Hansen Court's conclusion that there was no probable cause to search the van, the Court certainly did not confront whether the warrant to search the residence covered a search of the van "wherever located." 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. A majority of this Court, however, answers that question in the negative. 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. Biden then recalled the outspoken Georgia Republican's recent allegations regarding fentanyl deaths. 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. Prosecutors initially argued that the failure of listing an actual crime in the warrant was a typographical error. The question before us 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 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"]). People v Ponder, 54 NY2d 160, 165 [1981] ["(S)ection 12 of article I of the New York State Constitution conforms with the Fourth Amendment regarding the proscription against unreasonable searches and seizures, and this identity of language supports a policy of uniformity in both State and Federal courts"]). 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. Order affirmed. 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. 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). This case presents the question whether the Fourth Amendment tolerates a dog sniff conducted after completion of a traffic stop. Nonetheless, as part of the search of the "entire premises," police officers searched two vehicles found onsite: a Nissan Maxima and a Chevrolet sedan. 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]). Sign up for our free summaries and get the latest delivered directly to you. In the case of automobiles, unlike desks, closets or trunks, the risks of innocent invasions of privacy are substantially higher, given the commonplace occurrence of traveling by car to visit other places and people. Shifting Scales; Body Politic; Top Advocates Report; Site Feedback; Support Oyez & LII; LII Supreme Court Resources 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]). 690) and decisional law"]). Shield ruled on September 10 that the items seized from Drago's business shouldbe suppressed and that the agents' reliance on a warrant without aspecification of a crime was one of "recklessness.". 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]). Discipline in this area benefits not only the Supreme Court in determining its own jurisdiction, but also this Court in establishing a respected body of state constitutional law. Government prosecutorssaid that they intend to seek a superseding indictment on new allegations. 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). Probable cause must be shown in each instance" (id. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. The warrant here authorized the search of a particular van and nothing else. 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. . Before Supreme Court, the People responded by attempting to distinguish our prior decisions and arguing that, if they were distinguishable and therefore not controlling, Supreme Court should adopt the People's preferred rule interpreting the Fourth Amendment. However, the constitutional mandate of particularity of the place to be searched may not be circumvented by implication as the People urge. It's difficult to have a case without evidence. the Legislature uses different terms in various parts of a statute, courts may reasonably infer that different concepts are intended"]). I dissent. Against a backdrop of increasing national attention to police violence, the Supreme Court on Thursday issued an opinion in a closely watched criminal-procedure case that clarifies the meaning of the term "seizure.". This site is protected by reCAPTCHA and the Google. at 20). 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. 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 . 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. provided an affidavit to an Eastern District of NYmagistrate judge to request a search of Kayla. Radel pleaded guilty in August 2019 to two counts of illegal gun possession. 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]). Failing to do so, we accomplish the reverse. A Bankruptcy or Magistrate Judge? Seventh Circuit Holds that Evidence Gathered Through an Unlawful Search of a Home May Be Admissible Under the Independent Source Doctrine Even if Tainted Evidence Is Described in the Warrant Application. 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. Supreme Court granted suppression, on constraint of People v Sciacca (45 NY2d 122 [1978]), and the Appellate Division affirmed on the determinative ground that the "search warrant did not particularize that a search of the vehicles was permitted" (169 AD3d 714, 714-715 [2d Dept 2019]). You can explore additional available newsletters here. Counts 5 through 9 rested in large part on the physical evidence seized from the two vehicles. With respect to its treatment of the New York State Constitution, the majority, without clarifying whether it interprets the relevant state constitutional provision as diverging from its federal counterpart, reaches two very problematic conclusions: first, that defendant preserved an argument that our State Constitution provides more protection than the Fourth Amendment, by simply citing New York cases, even though those cases contain no discussion of the State Constitution; and second, that those earlier decisions by this Court somehow justify, with no further analysis, a constitutional rule applicable to this case. Authority to search a vehicle does not include authority to enter private premises to effect a search of a vehicle within those premises. The Supreme Court has held that a passing parallel reference to the State and Federal Constitutions is insufficient to satisfy the plain-statement rulei.e., that a case was decided on a state-law ground (see e.g. The Justices Search help & Tips - Supreme Court of the United States more specific results. I disagree. The Court of Appeals affirmed the decision of the Appellate Division affirming Supreme Court's judgment ordering the suppression of physical evidence seized from two vehicles, holding that the search warrant materials failed to provide probable cause to search the vehicles. . G.R. 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. Supreme Court granted the motion to suppress, and the Appellate Division affirmed. A search of the Chevrolet revealed a loaded handgun. 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. The majority sets out for new territory both in terms of preservation of the issue and in determining when our decisions establish a state constitutional standard greater than that of the Fourth Amendment. at 127) is dictum and, in any event, lacks context as to its intended application. We next addressed the search of a vehicle associated with a residence in People v Hansen. The Court of Appeals affirmed the Appellate Division's decision affirming Supreme Court's judgment ordering the suppression of physical evidence seized from two vehicles, holding that the search warrant materials failed to provide probable cause to search the vehicles. Both conclusions fundamentally alter our jurisprudence. Cases involving violations of basic rights of citizensin order to achieve a criminal enforcement action is simply wrong. A Judge of this Court granted the People leave to appeal (33 NY3d 976 [2019]). 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. People v Dumper (28 NY2d 296 [1971]), cited in Sciacca, is also unavailing. Yesterday, Judge Feuerstein issued anorderconfirming that information gained from the search would not be admissible. The safety of students and staff and the need to . at 821). 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. 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). 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. As a repeat offender, a Passaic County judge sentenced him to consecutive prison terms totaling 25 years, and at. 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. Supreme Court explained that in New York, a search warrant must list "each specific area of the building, area or vehicle to be searched" and "[p]robable cause must be shown in each instance." 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. 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