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You are here: Home1 / Criminal Law2 / Suppression of Evidence Reversed—Search of Interconnected Rooms Did...
Criminal Law

Suppression of Evidence Reversed—Search of Interconnected Rooms Did Not Violate Terms of Search Warrant

The Fourth Department reversed County Court’s suppression ruling.  The Fourth Department determined that a search warrant for “a business store front style building…” allowed the officers to search a series of inter-connected rooms behind the storefront area:

We agree with the People that the warrant sufficiently described the premises to be searched …. Although “a warrant to search a subunit of a multiple occupancy structure is void if it fails to describe the subunit to be searched and . . . describes [only] the larger structure” …, here the series of interconnected rooms were not “subunits,” but were instead part of the single rental unit ….  People v Cook, 691, 4th Dept 7-5-13

 

July 5, 2013
Tags: Fourth Department, SCOPE OF SEARCH WARRANT, SEARCH OF HOME, SEARCHES
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