recent illegal search and seizure cases 2019
Based on the surveillance and undercover purchases, the detectives applied for and obtained a search warrant authorizing a search of "the person of Tyrone Gordon . Ross itself does not govern the situation here, and we are skeptical of the wisdom of the federal appellate cases extending it [FN1]. 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. By Steve Eder,Matthew Rosenberg,Joseph Goldstein,Mike Baker,Kassie Bracken and Mark Walker. . 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. As a result of the search of the residence, the police found a handgun, but a separate individual (not Mr. Gordon) was charged with possession of that weapon. a premises) does not impliedly encompass the others. 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]). The warrant application did not refer to any vehicles. 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. at 127). The garage was completely distinct, indeed incidental, to any illegal activity" (id. The court issued a search warrant authorizing a search of Defendant's "person" and the "entire premises." 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. Contrary to the assertion of the dissent, this issue has been preserved and developed by both parties throughout the course of this litigation, which is perhaps why the People themselves have not argued that Mr. Gordon's contentions are unpreserved. One man, mature FBI agent working on a case in dark office. Steve Eder,Matthew Rosenberg,Joseph Goldstein,Mike Baker,Kassie Bracken. To satisfy the constitutional requirement for particularity, the description setting forth the search must "leave no discretion to the executing officer[s]" (Brown, 96 NY2d at 84). Radel pleaded guilty in August 2019 to two counts of illegal gun possession. Defendant's [*7]expectation of privacy in the vehicles is not disputed. it is no less fixed than a suitcase or handbag found on the premises, both of which can readily be searched under Ross if capable of containing the object of the search"]). 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. District of Kansas : Civil Rights, Search and Seizure : Jury Trial : House v. 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. Given that the cases cited by defendant did not engage in this weighty undertaking, it would be inappropriate to interpret those cases as creating a separately enforceable state constitutional standard. The cases dealt with investigative detention, the insanity defense, cross-border shootings . . You're all set! 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. 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). . 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"]). People v Garvin, 30 NY3d 174, 185 n 8 [2017] ["Any issues regarding whether New York Constitution, article I, 12 provides greater protection . Five Memphis police officers pleaded not guilty to murder charges in the beating death of Mr. Nichols. 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. 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). Video, Inc., 68 NY2d 296, 305-306 [1986]). (c) A designated or described person"]). 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]). 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). You already receive all suggested Justia Opinion Summary Newsletters. This case presents the question whether the Fourth Amendment tolerates a dog sniff conducted after completion of a traffic stop. The items that could be seized in the raid were listed as; Why You Need To Take A Look At New RMD Rules: Theyre Flexible, UBS Fuels The Next Decade Of Black Innovation With $3 Million Commitment, This Week In Credit Card News: Visa, Mastercard Pause Crypto Push; Tracking Gun Purchases, Borrowers Receive Student Loan Forgiveness Approval Emails After Court Green-Lights Settlement, Biden May Propose Using Net Investment Income Tax Revenues To Shore Up Medicare, Student Loan Forgiveness: 6 Big Takeaways From Landmark Supreme Court Hearing, Athlete Investors Cant Save Tonals Falling $500 Million Valuation, Mintz, Levin,Cohn, Ferris, Glovsky and Popeo. Applying the doctrine of severability, we upheld the search of Hansen's residence but directed that the evidence seized from the van should be suppressed. United States v Pennington, 287 F3d 739, 745 [8th Cir 2002]; United States v Percival, 756 F2d 600, 611-613 [7th Cir 1985]). In Ross, the United States Supreme Court held that, where police officers have probable cause to believe that contraband is concealed somewhere within a vehicle, they may conduct a warrantless search of every part of it and its contents, including all containers and packages, that may conceal the object of the search (id. InJune 13, 2017, U.S. District Judge Alison Nathan delivered a blistering account ofthoseFBI raidsWey's attorney. Order affirmed. 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". 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). 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. The garage had a structural and functional existence distinct from defendant's van which should have been recognized by the investigators" (id. at 37). at 20-21). South Dakota v Opperman, 428 US 364, 367-368 [1976]; People v Galak, 81 NY2d 463, 467 [1993]). California v. Lee, California Court of Appeals 2019. 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. 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. 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"]). at 402 [the "ultimate mandate of reasonableness" "depend(s) upon the facts and circumstances"]). A team from the Justice Department conducted a 13-hour search of the presidents Wilmington residence on Friday. To avoid answering the state constitutional component on preservation grounds would be to overrule those cases as a matter of federal and state constitutional law, while concomitantly maintaining that defendant failed to preserve a state constitutional claim. 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. The application contained no mention of the existence of the vehicles ultimately searched, much less evidence connecting them to any criminality. 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. 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]). 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. recent illegal search and seizure cases 2022 recent illegal search and seizure cases 2022. Judge Feinman dissents in an opinion in which Chief Judge DiFiore and Judge Garcia concur. This means that law enforcement agents need probable cause, and a warrant in most cases, to search your person or belongings. Failing to do so, we accomplish the reverse. The Ontario Court of Appeal upheld the legality of a search, despite several problematic issues. 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 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. 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. 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]). Posted by Brett McGarry. We are not persuaded by the People's attempts to distinguish our prior cases. As a result, Supreme Court ordered the suppression of physical evidence seized from the two vehicles. Supreme Court's probable cause analysis is consonant with our prior cases and the record supports its finding, affirmed by the Appellate Division, that the warrant application failed to establish probable cause to search the two vehicles. The Justices Search help & Tips - Supreme Court of the United States more specific results. 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]). Five Scorpion officers are charged with murdering Tyre Nichols during an arrest. 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. 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.
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