46 N.Y.2d 903 (1979)
An affidavit submitted in support of a search warrant application must contain sufficient facts to allow a magistrate to independently determine that probable cause exists to believe that contraband or evidence of a crime will be found at the location to be searched.
Summary
The New York Court of Appeals reversed the Appellate Division’s order, granting the defendant’s motion to suppress evidence. The court held that the affidavits submitted by the police officers in support of the search warrant lacked sufficient facts to establish probable cause. The affidavits relied on an informant’s tip and police observations of the defendant. The court reasoned that the informant’s statement was too general and the police observations were consistent with innocent behavior. Therefore, the warrant was improperly issued, and the evidence seized should be suppressed.
Facts
Police officers applied for a search warrant to search an apartment belonging to the defendant’s friend. The application was supported by affidavits stating the following: (1) An informant, who had previously provided accurate information, told the police that the defendant was running a bookmaking operation somewhere in Manhattan; (2) Police officers observed the defendant exiting the apartment at specific times for five consecutive days; and (3) The informant stated that bookmaking operations typically closed down around the time the defendant was seen leaving the apartment. The defendant had a reputation as a bookmaker.
Procedural History
The trial court denied the defendant’s motion to suppress the evidence seized during the search. The Appellate Division affirmed the trial court’s decision. The New York Court of Appeals reversed the Appellate Division’s order and granted the defendant’s motion to suppress, remitting the case to the Supreme Court for further proceedings.
Issue(s)
Whether the affidavits submitted by the police officers provided sufficient facts to establish probable cause for the issuance of a search warrant for the apartment.
Holding
No, because the affidavits did not provide a reasonable basis for believing that contraband or evidence could be found in the apartment to be searched.
Court’s Reasoning
The Court of Appeals reasoned that the affidavits submitted by the police officers lacked sufficient facts to permit the magistrate to conclude that probable cause existed. Even assuming the informant’s tip was reliable, the affidavits did not provide a reasonable basis for believing that contraband or evidence would be found in the apartment. The court emphasized that the police officers’ observations of the defendant exiting the apartment at particular hours for five consecutive days were insufficient to justify the warrant because “such conduct is as consistent with defendant’s innocence as it would be with a hypothesis of guilt.” Citing People v. Wirchansky, 41 N.Y.2d 130, 134-135. The court also stated that the defendant’s reputation as a bookmaker could not be used to bolster the officers’ observations to establish probable cause. Citing Spinelli v. United States, 393 U.S. 410, 418-419. The informant’s statement about bookmaking operations closing down was deemed too general to create suspicion around the defendant’s actions. Because the affidavits were legally insufficient to establish probable cause, the warrant should not have been issued, and the evidence seized should have been suppressed.