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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 570086/19
Regular Panel Decision
Jan 06, 2020

People v. Daye (Kenrick)

The People appealed an order from the Criminal Court of the City of New York, Bronx County, which granted the defendant's motion to suppress a dog recovered from his backyard. The Appellate Term, First Department, affirmed the suppression order, finding no basis to disturb the lower court's credibility determinations. The court held that the police, assisting an Administration for Children's Services (ACS) caseworker, exceeded the narrow scope of a Family Court Act § 1034 order by unilaterally entering the defendant's enclosed backyard without a warrant or exigent circumstances. The court emphasized that the order did not grant unfettered access to the curtilage of the defendant's home, which is protected under the Fourth Amendment.

Fourth AmendmentSuppression MotionBackyard SearchCurtilageFamily Court ActWarrant RequirementExigent CircumstancesPolice AuthorityACS AssistanceCredibility Determination
References
8
Case No. MISSING
Regular Panel Decision

United States v. Moss

Defendant Robert Moss, charged with methamphetamine offenses, moved to suppress evidence obtained from a search of his residence. He claimed the search warrant was based on evidence from illegal trash searches, violating his Fourth Amendment rights. Officer Bryan Harris conducted multiple trash searches after an anonymous tip, finding items associated with methamphetamine manufacturing. The court examined the Fourth Amendment protection against unreasonable searches and the principles established in *Katz v. United States* and *California v. Greenwood* regarding the expectation of privacy in discarded trash. The motion was denied, as the court ruled that individuals lose any reasonable expectation of privacy in trash once it is placed for collection at the designated time, regardless of its location within the curtilage.

Fourth AmendmentSearch and SeizureMotion to SuppressTrash SearchExpectation of PrivacyCurtilageAbandoned PropertyCriminal ProcedureMethamphetamineDrug Offenses
References
3
Case No. MISSING
Regular Panel Decision

United States v. Tarazon-Silva

The defendants, Manuel Jose Tarazon-Silva and Ricardo Belkotosky-Gutierrez, filed a Motion to Suppress Evidence. The Court ruled that law enforcement agents lacked reasonable suspicion for the initial Terry stops of the defendants' vehicles, thus suppressing all evidence derived from those stops, including identities, statements, vehicle searches, and key matching. However, for the subsequent searches of the Pelhem residence, Bay City Place residence, and Rojas Drive warehouse, the Court found the "good faith" exception inapplicable due to an AUSA's involvement in preparing the warrant affidavit. Despite this, after excising the tainted information, the Court determined that the affidavits for these searches still contained sufficient probable cause, primarily supported by a reliable confidential informant, agent surveillance, and a narcotics-sniffing canine's alert at the Pelhem residence's dryer vent, which was not considered a search as it occurred outside the curtilage. Therefore, the defendants' motion to suppress was partially granted for the vehicle stops but denied for the residence and warehouse searches.

Motion to SuppressFourth AmendmentReasonable SuspicionProbable CauseExclusionary RuleGood Faith ExceptionTerry StopDrug EnforcementCanine SniffCurtilage
References
56
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