(DOWNLOAD) "People State New York v. Joseph Yedvobnik" by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Joseph Yedvobnik
- Author : Court of Appeals of New York
- Release Date : January 13, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The affidavits submitted by the police officers in support of their application for a search warrant did not contain sufficient facts to permit the Magistrate to conclude that probable cause existed to issue a warrant for the search of an apartment belonging to defendants friend. The affidavits stated only that an informant who had previously supplied accurate information had told the police that defendant was conducting a bookmaking operation somewhere in Manhattan. Even were we to assume that the informants "tip" was imbued with sufficient indicia of reliability (see Spinelli v United States, 393 U.S. 410; Aguilar v Texas, 378 U.S. 108), we could not say that the warrant was properly issued, since the affidavits did not provide a reasonable basis for believing that contraband or evidence could be found in the apartment to be searched. The police officers observations of defendant exiting the apartment at particular hours for five consecutive days are not in themselves sufficient to justify the issuance of the warrant, since such conduct is as consistent with defendants innocence as it would be with a hypothesis of guilt (People v Wirchansky, 41 N.Y.2d 130, 134-135). Nor may defendants reputation as an inveterate bookmaker serve to bolster the officers observations to the point where probable cause is established (Spinelli v United States, 393 U.S. 410, 418-419, supra). Finally, the statement made by the informant that bookmaking operations are normally closed down for the day at approximately the same hour that defendant was seen leaving his friends apartment was simply too general to cast an aura of suspicion upon conduct that was otherwise susceptible of innocent interpretation.
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