. We explained: "The observations of the police were that this van had made 'trips in and out carrying at least one other person in addition to the driver', and that it was 'the sole vehicle observed entering and leaving these premises on a regular basis'. Nonetheless, we decline, as a matter of state constitutional law, to adopt either version of the federal rule advocated by the People. A state appeals court tossed out Price's conviction for drug possession in May, saying it was based on evidence obtained during an illegal search of his luggage. It is not clear if the search, which was done with the cooperation of Mr. Bidens legal team, uncovered any additional classified files.
What Is Constitutes an Illegal Search and Seizure? 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. 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]).
IJ's Project on the 4th Amendment - Institute for Justice at 825; see People v Langen, 60 NY2d 170, 180-181 [1983] [applying Ross and declining to adopt a different rule under the New York State Constitution]). But the location of that search was an im-pounded vehiclenot a home"'a constitutional differ-ence'" that the opinion repeatedly stressed. . As discussed, Sciacca, Hansen, Dumper, and Rainey all contain parallel references to New York Constitution art I, 12 and the Fourth Amendment, without distinguishing between the guarantees afforded by the two provisions. The fact that premises are generally fixed while persons and vehicles are moveable presents a problem to officers executing search warrants. Even were we writing on a blank slate, we would not adopt the rule advocated by the People. No other contraband was found on Mr. Gordon's person or in the interior of the residence. 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. The reason the warrant did not describe the vehicles in this case, as in Dumper, is that the warrant application materials failed to mention the vehicles, which consequently fell beyond the scope of the warrant.
California v. Lee :: 2019 :: California Courts of Appeal Decisions 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. 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. 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. There is no justification for such an extreme position. 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. A Bankruptcy or Magistrate Judge? People v Hansen (38 NY2d 17 [1975]), also cited by the Court in Sciacca, is likewise factually inapposite and not controlling. at 127) is dictum and, in any event, lacks context as to its intended application. The garage was completely distinct, indeed incidental, to any illegal activity" (id. 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. 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 . No. Williams, 2019 U.S. App. Defendant's [*7]expectation of privacy in the vehicles is not disputed. 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"]). recent illegal search and seizure cases 2022 recent illegal search and seizure cases 2022. Those limits have not been honored in this case. 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. Acting pursuant to the authority to search the "entire premises," the police canvassed both apartments and the shed, retrieving from the latter a check writer and set of blank checks believed to have been used in the suspect's check-forging activities.
United States v. Huskisson - Harvard Law Review InJune 13, 2017, U.S. District Judge Alison Nathan delivered a blistering account ofthoseFBI raidsWey's attorney. . The importance of upholding our preservation rule that requires a defendant to make a specific state constitutional argument is buttressed by United States Supreme Court precedent concerning an independent state ground for purposes of that Court's jurisdiction (see Michigan v Long, 463 US 1032, 1044 [1983]). at 127). 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. 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]). 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. The officers stopped the man, subjected him to a patdown search, and then inspected the interior of the vehicle for other weapons. This is a BETA experience. The warrant here authorized the search of a particular van and nothing else. The authorities of the two countries have worked together to round up statues, vases and bronzes, some of which had appeared in American museums.
Texas court to decide if 2 drug seizures were legal 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." We are not persuaded by the People's attempts to distinguish our prior cases. Over several days, police officers observed Mr. Gordon selling heroin from his home; in addition to the surveillance, undercover officers engaged in drug transactions with Mr. Gordon and conducted a controlled buy using an informant. You're all set! 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). equally for all containers, not just vehicles [FN6]. Based on that information, the court issued a search warrant authorizing a search of Mr. Gordon's "person" and the "entire premises." 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. I dissent. Court of Appeals
A Judge of this Court granted the People's motion for leave to appeal (33 NY3d 976 [2019]), and we now affirm.
Little Falls NJ: Chris Radel search illegal, NJ Supreme Court rules Individuals do not cede legitimate expectations of privacy when they park a vehicle at the house of a friend, acquaintance or stranger. It's a fact that check cashing businesses handle a lot of cash and with a lot of cash comes a lot of reporting. Sign up for our free summaries and get the latest delivered directly to you. By Glenn Thrush,Michael D. Shear and Maggie Haberman. You can explore additional available newsletters here. This applies when a person has what is known as a legitimate expectation of privacy in the place or thing to be searched. 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. 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).
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