The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. The parties dispute the proper standards for evaluating the sufficiency of the warrant application and whether the search of the vehicles conformed to the warrant's directives. The police chief has said the department needs more supervisors. Although this Court has, starting in the 1980s, adopted "independent standards" under the State Constitution,[FN10] we have also continued to stress that the history of article I, 12 of the New York Constitution "supports the presumption" that the provision against unlawful searches and seizures conforms with that found in the Fourth Amendment (People v P.J. Case Summary: 08-cv-04373 This case involves claims by numerous citizens that their constitutional rights were violated by the United States government through unauthorized surveillance of their telephone and internet activity by the National Security Agency (NSA) and other government actors under the "Terrorist Surveillance Program" or TSP. 2021 NY Slip Op 01093 The garage had a structural and functional existence distinct from defendant's van which should have been recognized by the investigators" (id. Based on our prior precedent and interpretations thereof by the lower courts, Mr. Gordon argued that the police officers lacked the particularized probable cause necessary to search the vehicles. Siegal. against unreasonable searches and seizures." This case concerns the "seizure" of a "person," which can take the form of "physical force" or a "show of authority" that "in some way restrain[s] the liberty" of the person. at 21). 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. Nonetheless, we held that there was "not sufficient evidence to support a finding of probable cause justifying a search of the Speake Dodge van" because there had been no allegations of criminal activity specifically linking the vehicle to the residence (Hansen, 38 NY2d at 20). Authority to search a vehicle does not include authority to enter private premises to effect a search of a vehicle within those premises. 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]). 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. at 821). at 127) is dictum and, in any event, lacks context as to its intended application. 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). 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." California v. Lee, California Court of Appeals 2019. at 822 [emphasis added]). Accordingly, those courts have held that, under the Fourth Amendment, "[a] search warrant authorizing a search of a certain premises generally includes any vehicles located within its curtilage if the objects of the search might be located therein" (United States v Gottschalk, 915 F2d 1459, 1461 [10th Cir 1990]; accord United States v Armstrong, 546 Fed Appx 936, 939 [11th Cir 2013]; United States v Johnson, 640 F3d 843, 845 [8th Cir 2011]; United States v Patterson, 278 F3d 315, 318 [4th Cir 2002]; Evans, 92 F3d at 543; United States v Duque, 62 F3d 1146, 1151 [9th Cir 1995]; United States v Singer, 970 F2d 1414, 1417-1418 [5th Cir 1992]; United States v Reivich, 793 F2d 957, 963 [8th Cir 1986]; Percival, 756 F2d at 612; United States v Asselin, 775 F2d 445, 447 [1st Cir 1985]).[FN4]. Moreover, to the extent to which vehicle searches are authorized in a warrant, the vehicles must be "designated or described" (CPL 690.15 [1] [b]). 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. equally for all containers, not just vehicles [FN6]. 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City of Seattle, Rhodes, et al v. Lauderdale County, et al, Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure, Civil Rights, Criminal Law Related Civil Cases, Search and Seizure, Motion for Summary Judgment, Motion to Dismiss, Motion for Summary Judgment, Motion to Dismiss, Status Conference. This site is protected by reCAPTCHA and the Google. 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. 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. 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). "[I]t is highly awkward, if not impossible, to use a case as the basis for an argument about the meaning of the state constitution if it is unclear from the case itself whether the case is even about the state constitution" (James A. Gardner, The Failed Discourse of State Constitutionalism, 90 Mich L Rev 761, 783 [1992]). March 20, 2019. 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. By Glenn Thrush,Michael D. Shear and Maggie Haberman. 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. Video, Inc., 68 NY2d 296, 304 [1986], quoting People v Johnson, 66 NY2d 398, 406-407 [1985]). The question before us Bias May be Implicit in Current Law on Search and Seizure Friday, March 1st, 2019 Beth Karp 48 latin woman opening the front door, white inside Over the past several years, questions about racial bias in law enforcement have commanded a great deal of public attention. One man, mature FBI agent working on a case in dark office. 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. 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. 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. Your 4th Amendment Rights The 4 th Amendment to the U.S. Constitution guarantees freedom from unreasonable search and seizure . About; License; Lawyer Directory; Projects. 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 . It's difficult to have a case without evidence. Our statement in that case, unrelated to specific facts before the Court, that "a warrant to search a building does not include authority to search vehicles at the premises" (id. 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. Those limits have not been honored in this case. Opinions expressed by Forbes Contributors are their own. 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]). The notion that the Government will now, at this late date,seek to add new charges and additional detail, but only in reaction to being embarrassed byhaving lost the suppression motion, smacks of impropriety and desperation on theGovernments part. . 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. 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. 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 During the course of a narcotics investigation, police officers observed Mr. Gordon and at least one associate selling narcotics from a private residence; on several occasions, Mr. Gordon or an associate exited the residence, walked to the street and delivered an object to a waiting person in exchange for money. Reviewing the warrant materials, Supreme Court concluded that probable cause was lacking in this case because the detective's affidavit made no mention of the vehicles or otherwise "provide[d] any specific probable cause [to believe] that the vehicles were involved in the criminal activity." 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. We next addressed the search of a vehicle associated with a residence in People v Hansen. Citing Hansen and Dumper, we stated: "It is clear that a warrant to search a building does not include authority to search vehicles at the premises (People v Hansen, 38 NY2d 17; People v Dumper, 28 NY2d 296). The majority disagrees with every federal court and state high court, and posits that the Fourth Amendment prohibits the search of the vehicles here (majority op at 20). 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 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]). 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. Ross itself does not govern the situation here, and we are skeptical of the wisdom of the federal appellate cases extending it [FN1]. No. That Court did, however, leave no doubtat least in the view of any other court to consider the issuethat the Fourth Amendment permits the search of containers found on the premises, such as the vehicles here. 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. Our Court has never adopted a "fixed analytical formula for determining when the proper protection of fundamental rights requires resort to the State Constitution" (Scott, 79 NY2d at 491). The Chevrolet, parked in the backyard behind two fences, was unregistered. Defendant filed a motion to suppress, arguing that the factual allegations did not support a search of the vehicles located outside the residence. Defendant sought to suppress all evidence seized from the Nissan and Chevrolet. Our prior decisions, relied upon by Mr. Gordon and the courts below, depended upon both the State and Federal Constitutions as well as the Criminal Procedure Law.
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