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.