. It's a fact that check cashing businesses handle a lot of cash and with a lot of cash comes a lot of reporting. 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. 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. While the majority characterizes these cases as setting forth state constitutional lawsimply by retroactively decreeing them to do so (majority op at 19)it is not clear if the majority intends these cases to stand for our contrary interpretation of the Federal Constitution, to form some kind of common-law rule, to be an implied application of the Criminal Procedure Law, or to express a heightened state constitutional standard. After the House Homeland Security Committee heard testimony from a Michigan woman whose sons died after unknowingly taking the synthetic opioid in 2020, Taylor Greene tweeted a clip from the hearing. The Court held first that . Get free summaries of new Supreme Court of Georgia opinions delivered to your inbox! Our decision in Dumper rested on two grounds. 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. the Legislature uses different terms in various parts of a statute, courts may reasonably infer that different concepts are intended"]). Federal courts, applying Ross, have found that vehicles located in the area to be searched are a type of containerworthy of no more protection than other types of containers (see e.g. equally for all containers, not just vehicles [FN6]. 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. Nonetheless, as part of the search of the "entire premises," police officers searched two vehicles found onsite: a Nissan Maxima and a Chevrolet sedan. The court issued a search warrant authorizing a search of Defendant's "person" and the "entire premises." As a consequence, police officers obtained a warrant for the "entire premises" of 529 Monroe Street, notwithstanding the fact that when they applied for the warrant, the police officers knew that the address contained two separate apartmentsone belonging to the suspect of the search, the other to an innocent third party. By Jason S. Cherry, J.D. Judge Feinman dissents in an opinion in which Chief Judge DiFiore and Judge Garcia concur. Instead, defendant supported his suppression argument with citations to this Court's decisions in Rainey, Dumper, Hansen, and Sciacca. 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." Here, no vehicle was designated or described in the warrant, and the People have not argued that the police had probable cause to engage in a search of anything outside of what was designated or described in the warrant. and the entire premises" from which Mr. Gordon was seen emerging. People v Gordon A search of the Chevrolet revealed a loaded handgun. 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). at 299). 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. This jurisdictional rule is grounded in the principle of federalism (see Long, 463 US at 1041, quoting Minnesota v National Tea Co., 309 US 551, 557 [1940] ["'It is fundamental that state courts be left free and unfettered by us in interpreting their state constitutions. 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.". A search and seizure is not valid unless it is based on either a warrant that was issued based on probable cause that a crime had been committed or upon an exception. 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. 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. 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). 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. One should hope not. 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. July 31, 2019. 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 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. 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 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." . 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. District of Kansas : Civil Rights, Search and Seizure : Jury Trial : House v. By Glenn Thrush,Michael D. Shear and Maggie Haberman. The Court broadly stated that a "lawful search of fixed premises generally extends to the entire area in which the object of the search may be found and is not limited by the possibility that separate acts of entry or opening may be required to complete the search" (Ross, 456 US at 820-821). In People v Dumper, we held that evidence seized from a vehicle that arrived on a premises during the search of those premises must be suppressed. The actions of the investigators in breaking and entering into the building were unreasonable, as there was "no evidence whatever which would indicate that the garage was a premises where the controlled activity was taking place. G.R. Even were we to put aside the contrary reasoning of Hansen and Dumper, the dissent never addresses the fundamental tenets of our search warrant jurisprudence: it is the magistrate, and not the police officer, who determines the scope of the search conducted pursuant to a warrant (Hanlon, 36 NY2d at 559; P.J. By Steve Eder,Matthew Rosenberg,Joseph Goldstein,Mike Baker,Kassie Bracken and Mark Walker. In this case, the Suffolk County Police Department applied for and obtained a warrant to search the "person of" defendant and "the entire premises located at" an address believed to be defendant's residence, "a 1 story ranch style house." 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. Defendant's [*7]expectation of privacy in the vehicles is not disputed. People v Nieves, 36 NY2d 396, 400 [1975] [a person's mere presence on the premises where suspected gambling is occurring is insufficient to justify a search]). For the controlled and undercover buys, defendant agreed in advance to meet at his residence for the purpose of selling heroin. 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. 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. The dissent faults our prior decisions in Hansen, Dumper, Sciacca, and Rainey for failing to conduct an extensive analysis of whether state constitutional protections deviate from federal constitutional protections in this context, while simultaneously acknowledging that our state caselaw delineating that particular analysis postdates those decisions. The warrant here authorized the search of a particular van and nothing else. While this Court has not yet had the opportunity to answer it, the question is certainly not a novel one for courts. You're all set! Mr. Gordon relies primarily on New York precedent; the People look instead to federal caselaw for guidance. 211214. 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 . Instead, this Court has repeatedly held that, to preserve a state constitutional argument, a defendant must specifically argue below that the New York Constitution provides greater protection than the Federal Constitution (see e.g. 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). 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. The particularity requirement protects the magistrate's determination regarding the permissible scope of the search. ILLEGAL SEARCH AND SEIZURE: RECENT DC COURT OF APPEALS DECISION February 27, 2019 11:07 am | Comments Off The Court of Appeals in Posey v. US, decided on February 21, 2019, reversed the trial's court denial of the suppression motion and thus vacated the conviction. . 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"]). Prosecutors appealed, hoping to. . 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 . at 20). Recent Case : 926 F.3d 369 (7th Cir. 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. 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. The State appealed that decision. 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. Indeed, we observed in Dumper thatpursuant to both constitutional and statutory directivesa "warrant must describe the premises to be searched" and "this warrant did not include the automobile" (Dumper, 28 NY2d at 299). We are not persuaded by the People's attempts to distinguish our prior cases. Search and Seizure. Siegal, now atMintz, Levin,Cohn, Ferris, Glovsky and Popeo, has won an argument in another case where the FBI got a bit over its skis in a search. According to the Government, it willnow more than one year after seeking the indictment, more than six years after theexecution of the search, and almost eight years from beginning its investigation into Johnsbusiness ask the grand jury to issue yet another charge against John, by way of anostensible superseding indictment, and to expand on the description and scope of the conductcharged in the current indictment.
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