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ITEMS SEIZED PURSUANT TO THE OVERBROAD SECTION OF THE SEARCH WARRANT, IF ANY, SHOULD HAVE BEEN SUPPRESSED, MATTER REMITTED FOR A RULING; THE SEARCH WARRANT APPLICATION PROVIDED PROBABLE CAUSE FOR THE SEARCH, NOTWITHSTANDING THE INCLUSION OF INFORMATION PROVIDED BY AN ANONYMOUS INFORMANT WHICH DID NOT SATISFY THE AGUILAR-SPINELLI TEST (FOURTH DEPT).

The Fourth Department determined a portion of the search warrant was overbroad and remitted the case for a ruling on what evidence, if any, should be suppressed because it was seized based on the overbroad language. The Fourth Department also determined information provided by an anonymous informant, which was included in the search warrant application, did not satisfy the “Aguilar-Spinelli” test, but that the remaining information in the application provided probable cause. The search warrant was seeking stolen property alleged to have been located in defendant’s residence:

… [I]nsofar as the search warrant application was based on information provided by an anonymous informant, that information was insufficient to establish probable cause. The information in the application concerning the informant failed to “satisf[y] the two-part Aguilar-Spinelli test requiring a showing that the informant is reliable and has a basis of knowledge for the information imparted” … . Nevertheless, we conclude that the remaining information in the warrant application provided probable cause for the warrant … . …

… [P]art of the warrant is overbroad. “The Fourth Amendment to the Constitution provides that no warrants shall issue except those ‘particularly describing the place to be searched, and the . . . things to be seized’ (US Const 4th Amend). To meet the particularity requirement, the warrant’s directive must be ‘specific enough to leave no discretion to the executing officer’ ” … . Here, the warrant permitted the Troopers to search for, inter alia, “personal papers, . . . alcohol, . . . safes, . . . any communication and computers that are related to criminal activity, any . . . telephone records, cell phones that [may] contain evidence of a crime or illegal activity and any associated documentation related to any criminal activity.” Those parts of the warrant were overbroad and any evidence seized pursuant to them should have been suppressed … . People v Herron, 2021 NY Slip Op 06512, Fourth Dept 11-19-21

 

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