People v. Reynolds, 71 N.Y.2d 552 (1988)
Under the New York State Constitution, a warrantless search of an open field, lacking any overt indication of an expectation of privacy by the owner, does not violate the constitutional prohibition against unreasonable searches and seizures.
Summary
The New York Court of Appeals held that a warrantless search of the defendant’s open field, absent any manifest expectation of privacy, did not violate the New York State Constitution. Police, acting on an anonymous tip, conducted aerial and foot surveillance of Reynolds’ property, discovering marijuana plants. Reynolds argued that the search violated her state constitutional rights. The Court of Appeals affirmed the conviction, emphasizing that the state constitution aligns with the Fourth Amendment in protecting legitimate expectations of privacy, and that open fields, without explicit exclusion measures, do not qualify for such protection. The court distinguished this case from instances involving intrusions into dwellings or fenced-off areas.
Facts
Defendant Reynolds owned a 103-acre farm. State Police received an anonymous tip about a commercial marijuana operation on the property. Without obtaining a warrant, police surveyed the property by helicopter and then entered on foot. The surveillance revealed a greenhouse-type structure about 150 feet from Reynolds’ house, containing mature marijuana plants. Additional marijuana plants were found in areas further from the structure. The “greenhouse” was partially covered and its interior was viewable. Photographs documented the scene and the distance from the house. Based on these observations, a search warrant was issued, leading to the seizure of marijuana plants, processed marijuana, currency, and related paraphernalia.
Procedural History
The County Court denied Reynolds’ motion to suppress the evidence, finding the searches lawful and the warrant valid. Reynolds pleaded guilty to criminal possession of marijuana in the first degree. The Appellate Division affirmed the conviction. The New York Court of Appeals then reviewed the case.
Issue(s)
Whether warrantless aerial and ground-level observations of Reynolds’ property, specifically open fields, violated her rights under Article I, Section 12 of the New York State Constitution.
Holding
No, because the open fields, lacking any demonstrated expectation of privacy, are not protected under the New York State Constitution’s prohibition against unreasonable searches and seizures.
Court’s Reasoning
The Court of Appeals noted that while the New York State Constitution mirrors the Fourth Amendment regarding unreasonable searches and seizures, states can provide greater protection to their citizens. However, the Court emphasized a policy of uniformity between state and federal courts on search and seizure issues. The critical question is whether Reynolds exhibited a subjective expectation of privacy that society recognizes as reasonable. Referencing Katz v. United States, the court reiterated that a protected privacy interest exists when a person demonstrates a reasonable expectation of privacy. The court distinguished this case from People v. Gleeson, where the police trespassed into the primary building of the landowner. Here, the police observed open fields. The Court emphasized that Reynolds did not fence off the property or post signs indicating no trespassing, thus failing to demonstrate an expectation of privacy in the open fields. “Manifestly, persons have a reasonable expectation of privacy in their homes, and a protected privacy right is recognized in other confined areas as well…Generally, however, conduct and activity which is readily open to public view is not protected.” Because the initial observations leading to the warrant were lawful, the warrant itself was valid, and the evidence was admissible.