People v. Bennett, 33 N.Y.2d 850 (1973)
A search warrant authorizing the seizure of obscene materials must describe the items to be seized with sufficient particularity to prevent the warrant from becoming a general warrant.
Summary
This case concerns the validity of a search warrant for obscene materials. The New York Court of Appeals reversed the lower court’s decision, holding that the warrant lacked sufficient specificity in describing the items to be seized. The warrant authorized the seizure of “8mm films cut and uncut, depicting males and females in various positions of sexual intercourse, sodomy and masturbation.” The Court found that this description was too broad and delegated to the police officer executing the warrant the function of determining whether the material was obscene, rendering the warrant invalid. The dissent argued that the warrant was sufficiently specific under the circumstances, especially given the nature of the materials and the evidence presented to the magistrate.
Facts
Police obtained a search warrant to search the defendants’ premises. The warrant authorized the seizure of “8mm films cut and uncut, depicting males and females in various positions of sexual intercourse, sodomy and masturbation.” The magistrate had viewed a sample of the films. Based on the search, the defendants were charged with obscenity-related offenses.
Procedural History
The trial court denied the defendants’ motion to suppress the evidence seized during the search. The Appellate Division affirmed. The New York Court of Appeals reversed the Appellate Division’s order and granted the motion to suppress, holding that the search warrant was invalid.
Issue(s)
Whether a search warrant authorizing the seizure of “8mm films cut and uncut, depicting males and females in various positions of sexual intercourse, sodomy and masturbation” is sufficiently specific to satisfy the Fourth Amendment’s particularity requirement.
Holding
No, because the warrant delegated to the executing officer the determination of what constituted obscenity, which is a judicial function.
Court’s Reasoning
The Court reasoned that the warrant lacked sufficient specificity. The warrant’s language authorized the police to seize films based on their own determination of whether the films depicted “various positions of sexual intercourse, sodomy and masturbation.” The Court cited People v. Abronovitz, 31 N.Y.2d 160, 164, and People v. Rothenberg, 20 N.Y.2d 35, 38, emphasizing that a warrant phrased in language which delegates to a police officer the function of determining whether material is obscene is invalid. The Court found that the description in the warrant was too broad and did not adequately limit the discretion of the executing officer. The dissent argued that the language of the warrant was considerably more specific than the warrants in Rothenberg or Abronovitz, and that the magistrate had before him a film, a scrap of uncut film, and testimonial data which established probable cause for believing that the defendants’ premises housed a large supply of contraband. The dissent also cited United States v. Marti, 421 F.2d 1263, 1268, suggesting that the description was sufficiently specific under the circumstances. The dissent maintained that the warrant told the police, within the limits of the circumstances, exactly what they were to seize. The majority, however, was not persuaded, and reversed the order affirming the denial of the motion to suppress.