What is the test for warrantless searches where the police have been able to corroborate the identification of a defendant's identification but do not provide any evidence of criminal activity?

"New York", United States of America

The following excerpt is from People v. Argyris, 2014 N.Y. Slip Op. 08220, 24 N.Y.3d 1138, 27 N.E.3d 425, 3 N.Y.S.3d 711 (N.Y. 2014):

Even where the informant had provided reliable information in the past, we have declined to uphold a search where the police were only able to corroborate defendant's identification, but not any details suggestive of criminal activity (People v. Elwell, 50 N.Y.2d 231, 237, 428 N.Y.S.2d 655, 406 N.E.2d 471 [1980] [personal police observation corroborative of data received from the informant should be regarded as sufficient only when the police observe facts suggestive of criminal activity (emphasis added) ] ). We reasoned that [o]therwise privacy and liberty may be invaded by a warrantless search or arrest based solely on the quality of the informant and not at all on the quality of the information, i.e., its suggestiveness of criminal activity (id. ). Thus, [b]earing in mind the balance to be struck between the individual's constitutional right to be free of official interference by way of search or arrest with society's interest in preventing crime and apprehending criminals (id. at 241, 428 N.Y.S.2d 655, 406 N.E.2d 471 ), we concluded that

Other Questions


When seeking a search warrant for criminal activity, does the search warrant need to describe the specific criminal activity suspected? (MultiRegion, United States of America)
Can a police officer conduct a warrantless search of an automobile, including the containers within it, when they have probable cause to believe that the vehicle contains contraband or evidence of criminal activity? (MultiRegion, United States of America)
When a search warrant is used to search for evidence of drug dealing, can a defendant deny giving evidence that incriminating statements were made during the search? ("New York", United States of America)
Does a search warrant need to include observations that indicate there is no evidence of criminal activity in the search warrant affidavit? (MultiRegion, United States of America)
In what circumstances will a search warrant be sought in advance to search for evidence of criminal activity? ("New York", United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
What is the evidence that supports the argument that the criminal activity committed by John Kubick, the former director of an investment bank, was a criminal enterprise that resulted in his own criminal conviction? (MultiRegion, United States of America)
What is the test for identification evidence in the context of a motion where identification evidence is denied? (MultiRegion, United States of America)
Can a search warrant be used to search a bathroom in the course of a warrantless search triggered by screams? (MultiRegion, United States of America)
Does Rule 404(b) of the Criminal Code allow evidence of other crimes, wrongs or acts to be admitted for purposes other than showing a defendant's criminal propensity? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.