SCOPE OF SEARCH WARRANT – New York Appellate Digest https://www.newyorkappellatedigest.com Sat, 05 Dec 2020 06:14:58 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.1 https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/Favicon-Blue-01-36x36.png SCOPE OF SEARCH WARRANT – New York Appellate Digest https://www.newyorkappellatedigest.com 32 32 171315692 Suppression of Evidence Reversed—Search of Interconnected Rooms Did Not Violate Terms of Search Warrant https://www.newyorkappellatedigest.com/2013/07/05/suppression-of-evidence-reversed-search-of-interconnected-rooms-did-not-violate-terms-of-search-warrant/ Fri, 05 Jul 2013 18:02:10 +0000 http://newyorkappellatedigest.com/?p=24708 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

 

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