Today in People v Mothersell (2010 NY Slip Op 02677 [NY [4/1/10]) the Court of Appeals struck down the use of a search warrant which permitted the search of "all persons present" to justify 'visual' body cavity searches (I think this means the search was limited to visible body cavities) of persons at the scene of the search warrants execution who were not arrested and were searched solely based on the search warrant. It did not hold that "all persons present" search warrants are always invalid, but it did hold that the SW must demonstrate probable cause to search each person authorized for a search. The ruling would require substantial factual allegations regarding a location before permitting the conclusion that everyone there must be involved in drug activity.
Outside of such intrusive searches based on such limited justification, the language of the decision may be particularly useful as it ignored the "pages of boilerplate allegations" and instead focused on the "few relevant particulars", which in this case was was a couple of drug purchases from the apartment in question.
The court also rejected as insufficient to meet the "substantially probable" threshold an allegation that it is "not uncommon" that those present at an apartment where drugs are sold "could reasonably be expected to conceal cocaine". Finally, the court reaffirmed that substantial proof is required to justify a body cavity search, even the ones you can see.
Referrals to New York State attorneys. The Lawyer Referral and Information Service is a public service of the New York State Bar Association that provides ...
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Provisions in Settlement Agreement Which Govern Award of Attorney's Fees, Rather than Statutory Provisions, Control. In Berns v Halberst...
-
The Cultural Property Advisory Committee will be holding public sessions on October 12 and October 14, 2010 to consider renewing the cultura...
-
For what its worth, the BG&S website has some articles I've authored, each of which should have been published by now in "The S...
-
I have just turned the magic age of 48. Getting a bit more grey, having a few more excuse me "sirs" thrown my way pauses me to th...
-
I'm living my dream. When I told my friends five years ago where I was moving they recommended I see a therapist. I escaped the big city...
-
In People v Helmer ( 2009 NY Slip Op 04830 4th Dept 6/12/09) the sole issue was whether the victim was a stranger to defendant for purpose...
-
The need to renew previously made requests has been in the news recently with lots of reminders that if you don't a request to be on the...
-
Judge Nelson Roman, Deputy Mayor Carol Robles-Roman, Is Approved For Seat in Southern District CourtSenate Committee Approves Roman for Southern District By Mike Paquette New York Law Journal March 4, 2013 LINK Cover Story: Hispanic Power ...
-
Let us thank the American Bar Association for giving the green light late last year to allow the corporations and corrupt TARP receiving ban...
-
re-posted from Parentadvocates.org LINK The subtitle of the article on the July 29, 2012 New York Post: "Judges' pals cashing in...
Không có nhận xét nào:
Đăng nhận xét