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Locked Glove Compartments: Searchable or Stash Spots?

By   /  April 8, 2014  /  4th Amendment, Constitutional Law, Featured 

Gavel with Book

It is imperative that law enforcement officers are cognizant of and act within the bounds of their authority when stopping a vehicle as a result of a minor traffic violation. Courts at both the federal and state levels are inundated with constitutional challenges related to searches and seizures occurring subsequent to lawful traffic stops.

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It’s Reasonable to Expect Privacy when Watching Adult Videos

By   /  January 21, 2014  /  4th Amendment, Constitutional Law, Featured 

Gavel 3

The New York City Police Department organized and conducted a buy-and-bust operation in New York City, resulting in a positive identification of the defendant, subsequent arrest, and simultaneous seizure of certain illegal contraband found on his person. At trial, the defendant sought to suppress both the evidence recovered by law enforcement as well as the identification by the primary undercover officer, alleging that “the police did not act lawfully because he had a reasonable expectation of privacy in the booth.”

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Fourth Amendment Right to Privacy with Respect to Bank Records in Criminal Cases

By   /  January 16, 2014  /  4th Amendment, Constitutional Law, Featured 

Gavel on Lawbook

In People v. Lomma, the court held that the defendant had no standing to move to quash the People’s subpoena for his personal banking records in a criminal proceeding. The Supreme Court of New York County based its decision on state precedent and the United States Supreme Court’s seminal decision of United States v. Miller. In Miller, the Court held that a criminal defendant did not have a Fourth Amendment interest in his banking records. The court in Lomma followed a similar rationale as this issue is slowly evolving and New York has not yet given a criminal defendant a Fourth Amendment interest in his or her personal bank records.

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Privacy in Social Media: To Tweet or Not to Tweet?

By   /  January 13, 2014  /  4th Amendment, Constitutional Law, Featured 

Gavel

During the Occupy Wall Street movement, Malcolm Harris participated in a protest march on the Brooklyn Bridge. During this protest march, Harris, along with others, was arrested and charged with disorderly conduct for marching on the roadway of the bridge, as opposed to the pedestrian walkway. As part of the investigation, the District Attorney’s office sought to acquire Harris’s Twitter records through a subpoena. The District Attorney’s office had reason to believe that the information contained in these Twitter records would contradict his anticipated defense at trial.

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The Issue of Stop and Frisks in New York City

By   /  April 15, 2013  /  4th Amendment, Constitutional Law, Online Exclusive 

Stop and Frisk

In Floyd v. New York, residents of New York City allege that the stop and frisk procedures used by the New York Police Department (“NYPD”) are unconstitutional. Specifically, residents claim that the police engage in racial profiling that targets minorities. It is well established that the Fourth Amendment protects individuals from “unreasonable searches and seizures.”

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Eavesdropping Under New York and Federal Law

By   /  June 1, 2012  /  4th Amendment, Constitutional Law 

Gavel 2

“This is the first instance where the Court of Appeals has directly departed from the federal approach concerning electronic eavesdropping. In Rabb, the court issued an eavesdropping warrant against Rabb and P & D solely based on the People’s prior experience with their investigation into Akbar. Although P & D and Akbar were similar organizations with similar objectives, there is little to no evidence supporting a claim that both were engaged in a racketeering conspiracy or criminal enterprise.”

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Vehicle Checkpoints: The Ever-Expanding Array of Purposes for Which a Vehicle May Be Stopped

By   /  June 1, 2012  /  4th Amendment, Constitutional Law 

DUI Sign

This case note examines the law as it relates to vehicular stops made by law enforcement, with particular focus on vehicle checkpoint stops. Close attention is paid to the types of checkpoints that have been upheld, the specific law enforcement goals for which checkpoint stops may be operated, as well as the Fourth Amendment implications raised by vehicle checkpoint stops.

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Roving Border Patrols in New York – Sometimes the Drug Smuggler Does Not Get Convicted

By   /  June 1, 2012  /  4th Amendment, Constitutional Law, Criminal Law, Criminal Procedure 

Border Patrol

This case note examines the federal and state limitations of roving border patrols performing traffic stops based upon reasonable suspicion and subsequent automobile searches based upon voluntary consent. The defendant in this action requested a suppression hearing regarding a search and seizure of marijuana discovered in his motor vehicle during a roving patrol traffic stop by the Border Patrol in upstate New York.

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Do Automobile Passengers Have A Legitimate Expectation Of Privacy? An Analysis of Reasonable Expectation Under The Fourth Amendment

By   /  June 1, 2012  /  4th Amendment, Constitutional Law 

Car Keys

Specifically, in the context of stopped vehicles, there are two ways to establish standing. One way to establish standing, is to challenge the legality of a traffic stop by the police, which according to Brendlin, a passenger may contest. The second way to establish standing is to demonstrate a legitimate expectation of privacy in the location that is searched, which according to Rakas, must be one that society is prepared to accept as legitimate.

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Search and Seizure: New York vs. Federal Approach

By   /  June 1, 2012  /  4th Amendment, Constitutional Law 

Preamble

Defendant Keita was charged with criminal possession of a forged instrument in the second degree, criminal possession of stolen property in the third degree, and grand larceny in the third degree in the Supreme Court of Bronx County, New York, based on his use of a bank account with insufficient funds or “check kiting.” Keita moved to suppress the statements and documents that the arresting officers collected and sought to offer at trial. He argued that the evidence was obtained without probable cause in violation of Article 1, section 12, of the New York Constitution and the Fourth Amendment of the United States Constitution. He further alleged that the evidence was obtained in violation of Miranda. Thus, the court considered two issues of constitutional significance. The first issue was whether the agents’ search and seizure was in violation of the Fourth Amendment of the United States Constitution. The secondary issue was whether the Miranda warnings were properly given to Keita; and if they were, whether Keita properly waived them.

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