California v. Lee :: 2019 :: California Courts of Appeal Decisions . 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. Supreme Court granted Mr. Gordon's motion to suppress. Recent Case : 926 F.3d 369 (7th Cir. Get free summaries of new New York Court of Appeals opinions delivered to your inbox! Five Scorpion officers are charged with murdering Tyre Nichols during an arrest. 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]). 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. This case considers, for the first time in Georgia, the effect of the State's delay in obtaining search warrants for data contained in electronic devices when those devices were originally seized in a warrantless, but lawful, manner by police. About; License; Lawyer Directory; Projects. 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. Legal Update - August 2019 Case Summaries - Daigle Law Group Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. 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). To address the continued viability of caselaw premised upon our interpretation of both the U.S. and the State Constitutions, we now clarify thatat the very leastthose cases accurately set forth our state constitutional law. The converse is also true. No. The affidavit contained no indication as to dates, times, frequency or purpose and was open to the interpretation that other vehicles might have entered or left the premises on a nonregular basis. Because the search warrant in this case contained no references to the vehicles and the record supports the finding of Supreme Court that the search warrant materials failed to provide probable cause to search the vehicles, the evidence seized therefrom was properly suppressed. . . Instead, defendant supported his suppression argument with citations to this Court's decisions in Rainey, Dumper, Hansen, and Sciacca. The cases dealt with investigative detention, the insanity defense, cross-border shootings . Disclaimer: Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. The majority says that "automobiles, unlike other containers, are typically titled and registered," "more often in public view," and used for traveling "to visit other places and people" (majority op at 15). 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). 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. and the entire premises" from which Mr. Gordon was seen emerging. Prosecutors did not provide a date for when Drago should expect that indictment. District of Kansas : Civil Rights, Search and Seizure : Jury Trial : House v. 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. Jewel v. NSA | United States Courts 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." 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. 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. . 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. If that proof is insufficient to convince the magistrate to authorize a search of the vehicles, allowing a search because the vehicles are located on a premises would constitute an unconstitutional bootstrapping.[FN2]. When the People invoked Ross in their response papers, defendant ignored the argument.[FN8]. Because the supporting affidavits did not describe the vehicles to be searched at all, never mind with any particular allegations connecting them to criminal activity, the record supports the affirmed finding that there was no probable cause to search the vehicles. UNITED STATES v. JONES | Supreme Court | US Law | LII / Legal 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]). 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. Texas court to decide if 2 drug seizures were legal No other contraband was found on Mr. Gordon's person or in the interior of the residence. G.R. No. 211214 - Lawphil 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. Defendant's [*7]expectation of privacy in the vehicles is not disputed. California v. Lee, California Court of Appeals 2019. South Dakota v Opperman, 428 US 364, 367-368 [1976]; People v Galak, 81 NY2d 463, 467 [1993]). We agreed, and held that "[f]or purposes of satisfying the State and Federal constitutional requirements, the searching of two or of more residential apartments in the same building is no different from searching two or more separate residential houses. . 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. 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. 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. In Dumper, the search warrant was similarly directed at discrete structures, including "a one story wood frame cottage with white sidewall, green roof" and a "cottage east of a main house" (id. 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. Sign up for our free summaries and get the latest delivered directly to you. Mr. Gordon was arrested and arraigned on a 9-count indictment. I see no persuasive rationale why, if a bicycle and a car are parked next to each other on a driveway, it is reasonable to search the bicycle's closed basket but unreasonable to search the car's trunk. 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. The deponent set forth his experience, stating that he had been involved in more than 1,000 drug-related arrests, that he was familiar with the modus operandi of heroin dealers, that the activity taking place at the premises was consistent with narcotics transactions, and, based on the above, there was probable cause to believe drugs would be "found at the above described premises." At the police station, Detectives Fichter and Latorre conducted an inventory search of Williams' car in accordance with the NYPD's . 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"]). 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. 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"]). . The fact that premises are generally fixed while persons and vehicles are moveable presents a problem to officers executing search warrants. The warrant application did not refer to any vehicles. 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." 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). Failing to do so, we accomplish the reverse. 211214. In this area of constitutional law, we have set forth principles that would be unduly weakened by the People's preferred rule (see People v Johnson, 66 NY2d 398, 407 [1985]). The garage had a structural and functional existence distinct from defendant's van which should have been recognized by the investigators" (id. Recent Court of Appeals Decision: 4th Amendment Violation | Search United States v Pennington, 287 F3d 739, 745 [8th Cir 2002]; United States v Percival, 756 F2d 600, 611-613 [7th Cir 1985]). 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). "Listen to this mother, who lost two children to fentanyl poisoning, tell the truth about . People v Garvin, 30 NY3d 174, 185 n 8 [2017] ["Any issues regarding whether New York Constitution, article I, 12 provides greater protection . Sign up for our free summaries and get the latest delivered directly to you. 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 . 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. 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." Yesterday, Judge Feuerstein issued anorderconfirming that information gained from the search would not be admissible. 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. 2021 NY Slip Op 01093 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. Biden Rips Republican on Drug Deaths: 'That Fentanyl They Took Came (c) A designated or described person"]). 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. 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. 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. It is not clear if the search, which was done with the cooperation of Mr. Bidens legal team, uncovered any additional classified files. 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. In the proceedings below, Supreme Court held that although the police had probable cause to search Mr. Gordon and his residence, the warrant did not encompass the search of two vehicles located outside the residence, and the police lacked probable cause to search those vehicles. Williams, 2019 U.S. App. Posted by Brett McGarry. Defendant filed a motion to suppress, arguing that the factual allegations did not support a search of the vehicles located outside the residence. 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. 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.
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