People v. Vaccaro, 93 N.Y.2d 531 (1999)
A wiretap warrant remains valid, and suppression of evidence is not required, when a telephone number specified in the warrant changes after the warrant is issued but before it is executed, provided the wiretap is installed on the only line serving the specified location.
Summary
This case addresses whether evidence obtained from a wiretap should be suppressed because the telephone number specified in the warrant changed between the warrant’s issuance and execution. The New York Court of Appeals held that suppression was not required because the warrant specified the address and the wiretap was placed on the only telephone line serving that address, even though the number had changed. The court emphasized that strict compliance with eavesdropping statutes does not require hyper-technical obedience and that the investigator followed the court’s mandate by tapping the correct line.
Facts
Police obtained a warrant to wiretap a phone line at the residence of Anthony Vaccaro’s grandfather, based on evidence Vaccaro was using the phone for drug trafficking. The warrant specified the phone number (315) 422-2003. Before the wiretap was installed, the phone number was changed to (315) 422-0084. An investigator, aware of the change, installed the wiretap on the line after confirming the new number was listed in the grandfather’s name. Intercepted communications led to the arrest of Vaccaro and Dana Darling on drug charges.
Procedural History
Vaccaro and Darling moved to suppress the wiretap evidence, arguing that tapping the new number without a new warrant application was illegal. The suppression court agreed, suppressing the evidence. The Appellate Division reversed, holding the warrant application satisfied statutory requirements despite the number change. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether a wiretap warrant is invalid and requires suppression of evidence when the telephone number specified in the warrant changes after issuance but before execution, and the wiretap is installed on the only telephone line serving the specified premises.
Holding
No, because the warrant identified the premises with particularity, and the wiretap was placed on the only phone line serving that location, fulfilling the warrant’s intent despite the change in telephone number.
Court’s Reasoning
The court emphasized the need for strict compliance with New York’s eavesdropping statute (CPL Article 700), which mirrors federal standards derived from Berger v. New York and Katz v. United States. While strict compliance is crucial, it doesn’t demand hyper-technicality. The warrant application and warrant itself conformed to statutory requirements by listing the address and the phone number, which was the only number at that address. The court distinguished this case from People v. Basilicato, where the warrant authorized wiretapping but was used for bugging (intercepting oral communications). Here, the investigator executed the warrant’s intent by tapping the only phone line at the specified location. The court stated, “‘Strict compliance’ does not entail hypertechnical or strained obedience, nor is common sense its enemy.” The court concluded that the change in number did not affect probable cause or the warrant’s validity because the tap was placed on the correct line. The court focused on the lack of discretion given to the executing officer, contrasting it with situations where officers seize items not described in a warrant. The key was that the warrant’s objective – tapping the phone line at Vaccaro’s grandfather’s residence – was achieved without expanding the scope of the search or invading additional privacy interests. The court stated, “In the context of this case, the change in telephone number had no bearing on the established probable cause.”