People v. Hickey, 40 N.Y.2d 761 (1976)
A Justice Court lacks the authority to issue a search warrant for premises located outside its territorial jurisdiction unless there’s a connection between the target of the search and an offense committed within that jurisdiction.
Summary
The New York Court of Appeals addressed whether a town justice court had the authority to issue a search warrant for a residence located outside of the town’s boundaries. The warrant was issued by a Town Justice of Orchard Park to search the defendant’s apartment in Buffalo for narcotics. The court held that the Justice Court lacked jurisdiction because the affidavit supporting the warrant did not allege any offense occurred within the Town of Orchard Park. The Court emphasized the necessity of a nexus between the criminal activity and the Justice Court’s geographic jurisdiction for the warrant to be valid.
Facts
A State Police investigator obtained a search warrant from the Town Justice of Orchard Park to search Dennis Hickey’s apartment in Buffalo for narcotics. The supporting affidavit indicated probable cause to believe Hickey possessed narcotics at his residence. The search warrant was executed, and marijuana was found. Hickey was subsequently charged with criminal possession of a controlled substance.
Procedural History
Hickey pleaded not guilty and moved to suppress the evidence seized during the search. The Supreme Court granted the motion, finding the Justice Court lacked geographical jurisdiction. The Appellate Division affirmed this decision without opinion.
Issue(s)
Whether a Town Justice Court has the authority to issue a search warrant for premises located outside its territorial jurisdiction when there is no evidence connecting the target of the search to an offense committed within the town.
Holding
No, because a Justice Court’s authority to issue process, including search warrants, is confined to matters within its jurisdiction, requiring a geographic nexus between the criminal activity and the court’s jurisdiction.
Court’s Reasoning
The Court of Appeals determined that Justice Courts, as local criminal courts, have trial jurisdiction over offenses other than felonies and preliminary jurisdiction over all offenses. However, this jurisdiction is not without limits and requires a connection between the criminal conduct and the geographical area the court oversees. CPL 690.05(2) establishes a search warrant is a court process. UJCA § 2005 limits a Justice Court’s power to send process to any matter within its jurisdiction. Quoting the court, “The test, quite simply, is whether the affidavits which form the basis for issuance of the search warrant allege that an offense was committed within ‘the jurisdictional purview of the issuing court.’” Since the affidavit provided no evidence that any offense occurred within Orchard Park, the Town Justice lacked the authority to issue the search warrant for Hickey’s apartment in Buffalo. The court noted that the application should have been made to a judge within the City of Buffalo, County Court, or to a Supreme Court Justice.