People v. McCall, 17 N.Y.2d 152 (1966)
An affidavit supporting an eavesdropping warrant must contain specific facts, not just conclusory statements, to establish reasonable grounds to believe that evidence of a crime will be obtained.
Summary
The New York Court of Appeals reversed the defendants’ convictions for conspiracy and narcotics possession, holding that the affidavits supporting the eavesdropping warrants were insufficient because they contained only conclusory statements and lacked specific facts to justify the warrants’ issuance. The court emphasized the need for judicial safeguards to protect privacy rights and held that a trial court must assess the factual basis for an eavesdropping order, even if issued by another judge, when the order’s validity is challenged and the evidence obtained is central to the prosecution’s case.
Facts
The People obtained judicial orders permitting eavesdropping on telephones based on affidavits. The defendants were subsequently convicted of conspiracy to violate narcotics laws. A substantial part of the overt acts supporting the conspiracy charge consisted of telephone conversations intercepted via the eavesdropping orders. Two of the defendants were also convicted of narcotics possession, with the intercepted phone calls playing an important role in those convictions as well.
Procedural History
After the indictment, the defendants moved to inspect the eavesdropping orders and supporting affidavits. The County Court denied the motion, deeming the orders not public records. At trial, the People offered the orders into evidence. Defense counsel, examining the orders and affidavits for the first time, objected to their reception and the admission of evidence obtained through eavesdropping. The trial court declined to rule on the affidavits’ sufficiency, deferring to the issuing judge’s discretion. The Court of Appeals reversed the convictions.
Issue(s)
Whether the affidavits supporting the eavesdropping orders were sufficient to establish reasonable grounds to believe that evidence of a crime would be obtained through eavesdropping.
Holding
No, because the affidavits were barren of tangible facts upon which a judge could exercise discretion, containing only conclusory statements.
Court’s Reasoning
The Court of Appeals found the affidavits supporting the telephone interception orders insufficient. The affidavits stated only the District Attorney’s conclusion that “information received from persons of known reliability” revealed that the telephone was being used for illicit drug trafficking. The court noted that the affidavits failed to state what was “revealed” as a fact or even in substance. The court stated that even if the name of the informant is not disclosed, “some factual statement of the affiant’s experience with his reliability and some factual showing of what he ‘revealed’ are basic requirements.” The court emphasized that the District Attorney’s affidavits presented only indefinite assertions from an undisclosed person to another equally indefinite person, providing no factual basis for the judge to assess. Moreover, the District Attorney did not appear personally before the Justice in Westchester on either application, so the Justice had no opportunity to “examine on oath the applicant and any other witness he may produce” as authorized by Section 813-a of the Code of Criminal Procedure. The court drew an analogy to search warrants, stating that just as with search warrants, “there is a significant need for an adequate factual basis on which the Judge will be able to decide whether or not the order or warrant will issue.” The expressions “oath or affirmation” and “reasonable ground to believe” in the eavesdropping statute (Code Grim. Pro., § 813-a) could have no other meaning. The Court of Appeals emphasized the importance of protecting privacy rights and ensuring that judges have a sufficient factual basis before issuing eavesdropping warrants. A refusal to permit a defendant to examine the facts upon which his privacy has been broken into amounts to saying that any search warrant or order for interception is all right if a Judge has seen fit to sign it.