New York Law Review

Tag: Bookmaking

  • People v. Baker, 46 N.Y.2d 903 (1979): Establishing Probable Cause for Search Warrants Based on Informant Tips

    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.

  • People v. Dalinonte, 16 N.Y.2d 156 (1965): Probable Cause Requires More Than Observing Known Gamblers Entering a Private Residence

    People v. Dalinonte, 16 N.Y.2d 156 (1965)

    To establish probable cause for a search warrant related to bookmaking activities in a private residence, the affidavit must present more than mere observations of known gamblers entering the premises, especially when combined only with the presence of unlisted telephones.

    Summary

    Defendants were convicted of bookmaking based on evidence seized during a search. They argued the search warrant was issued without probable cause. The affidavit supporting the warrant detailed observations of known gamblers entering a private residence with unlisted phones. The New York Court of Appeals reversed the conviction, holding that these observations, without additional evidence suggesting illegal activity like placed bets or confidential tips, were insufficient to establish probable cause for the warrant’s issuance, thus rendering the seized evidence inadmissible.

    Facts

    Police officers observed James Faliero, a known gambler, entering the premises at 556 Lakeview Avenue on multiple occasions. Later, Anthony Nasca and Anthony Fino, both known bookmakers, were observed entering the same premises on several days, often carrying large envelopes. The residence was listed to Aldo Dalimonte and had two unlisted telephone numbers. These observations occurred during normal bookmaking hours.

    Procedural History

    The defendants were convicted of bookmaking based on evidence seized pursuant to a search warrant. Prior to trial, the defendants moved to suppress the evidence, arguing the search warrant lacked probable cause. The trial court denied the motion. The New York Court of Appeals then reviewed the case, focusing on whether the affidavit supporting the search warrant established probable cause.

    Issue(s)

    Whether the affidavit submitted in support of the search warrant provided sufficient probable cause to believe that the crime of bookmaking was being committed at the premises located at 556 Lakeview Avenue.

    Holding

    No, because the affidavit presented only observations of known gamblers entering a private dwelling with unlisted phones, which is insufficient to establish probable cause without additional evidence linking the premises to illegal gambling activity.

    Court’s Reasoning

    The court emphasized that probable cause requires a reasonable ground of suspicion supported by facts strong enough to warrant a cautious person’s belief that the law is being violated. The court stated that the determination of probable cause is a mixed question of fact and constitutional law, requiring an independent appraisal of the facts. The court reviewed precedents involving similar facts, noting that observation of known bookmakers entering a private dwelling with telephones is insufficient to establish probable cause without additional evidence, such as a placed bet, reliable confidential information, or frequent telephone contact with other known gamblers. The court distinguished the present case from those where probable cause was established due to such additional evidence. The court concluded that the affidavit in this case only established a bare suspicion, insufficient for probable cause. The search warrant was therefore invalid, and the evidence seized was inadmissible. As the court stated, probable cause exists when “there is reasonable ground of suspicion supported by facts and circumstances strong enough in themselves to warrant a cautious man in the belief that the law is being violated on the premises to be searched”. Because the warrant was issued without probable cause, the evidence obtained was illegally obtained and inadmissible.