People v. DeProspero, 21 N.Y.3d 527 (2013)
The authority of a search warrant does not necessarily lapse upon the completion of a prosecution related to the initial seizure; its validity is measured by the persistence of the probable cause that justified its issuance.
Summary
DeProspero pleaded guilty to predatory sexual assault after the denial of his motion to suppress evidence found on a digital camera memory card seized from his residence under a warrant. He argued that the warrant’s authority had lapsed by the time of the forensic examination that revealed the incriminating images, as a prior conviction based on a single image found on his computer had already concluded. The New York Court of Appeals affirmed the conviction, holding that the warrant’s validity persisted because the probable cause for its issuance remained, irrespective of the prior conviction. The court emphasized that the warrant authorized further analysis and examination and the defendant had no legitimate expectation of privacy.
Facts
A warrant was issued on May 4, 2009, to search DeProspero’s residence based on probable cause that he was downloading child pornography. During the warrant’s execution on May 5, 2009, digital media devices were seized. A preliminary examination of DeProspero’s computer revealed one pornographic image, leading to a conviction for possessing a sexual performance by a child in September 2009. After serving his sentence and the expiration of the appeal period, DeProspero requested the return of his seized property in December 2009. The prosecutor learned that the seized devices had not yet been forensically examined. A subsequent forensic examination in January 2010 revealed numerous still-frame images depicting DeProspero engaged in sexual acts with a child, leading to the predatory sexual assault charge.
Procedural History
DeProspero moved to suppress the evidence found during the January 2010 forensic examination, arguing the search warrant’s authority had lapsed. The County Court denied the motion. The Appellate Division affirmed the judgment of conviction. The New York Court of Appeals granted permission to appeal and affirmed the Appellate Division’s order.
Issue(s)
Whether the authority of a search warrant lapses after the completion of a prosecution related to the initial seizure, such that a subsequent forensic examination of seized property requires fresh judicial authorization.
Holding
No, because the continued validity of a search warrant and any assumption of custody it authorizes is not necessarily tied to the pendency of any particular prosecution. The duration of a warrant’s authority is more appropriately measured by the persistence of the cause for its issue.
Court’s Reasoning
The Court of Appeals reasoned that the Fourth Amendment protects legitimate expectations of privacy against unwarranted intrusion by the state. After the execution of the valid warrant, DeProspero lost any legitimate expectation of privacy in the seized items, which were to be retained for further analysis. The court rejected DeProspero’s argument that this expectation was restored after his September 2009 conviction. The court stated, “It is manifest that the continued validity of a search warrant and any assumption of custody it authorizes is not necessarily tied to the pendency of any particular prosecution.” The court emphasized that the probable cause justifying the warrant’s issuance persisted, making the January 2010 examination valid. Furthermore, the court noted that CPL 690.55(2) does not tie the warrant to a specific prosecution. The court also suggested that even if DeProspero’s claim were based on property rights rather than privacy expectations, it would fail because of the warrant’s continued validity and the potential for forfeiture of the seized items. The court acknowledged that while there is no specific time limit on how long property may be held following a lawful seizure, due process requires that the state not retain property beyond the exhaustion of any legitimate law enforcement purpose. However, such a claim was not supported by the facts of this case.