Results tagged “warrant”

An ongoing dispute over surveillance warrants between the F.B.I.’s New York office and the NYPD "has brought the relationship to a new low," according to the Times, which is reporting on "a highly unusual exchange of letters" between commissioner Ray Kelly and attorney general Michael Mukasey. The acrimony stems from the feds' reluctance to press the FISA court to issue broad warrants for the NYPD, which wants to eavesdrop on "numerous communications facilities," including subway pay phones. Each side is now blaming the other for mishandling terrorism investigations. Responding to a letter from Kelly in which he accused the FBI of making "the city less safe," Mukasey wrote: "Not only would your approach violate the law, it would also in short order make New York City and the rest of the country less safe." Mukasey added that he was "unable to have a meaningful conversation" on the phone because "you were not versed on the facts." Next: Mukasey will get upset with Kelly for staggering home drunk with lipstick on his collar.

In a decision that sets a new standard for what constitutes a legal search by police, as well as serving to remind why doing crack is a terrible idea, The New York Court of Appeals ruled that "reasonableness" should remain the touchstone for searches in order to not violate the 4th Amendment protection against unreasonable search and seizure. Defining reasonableness was the basis of the case in question, which involved the searches of body cavities. The NY Times summarizes:

The case before the court involved Azim Hall of New York, who was arrested on Feb. 8, 2005, on charges that he sold two pieces of crack cocaine outside a grocery store. After his conviction, Mr. Hall filed an appeal, arguing that the police had conducted an illegal search by pulling a string, attached to a plastic bag containing crack cocaine, that was dangling from his rectum. A State Supreme Court judge dismissed the indictment, but the Appellate Division reversed that.

The most recent decision said that the State Supreme Court was correct in its initial finding and that pulling the string attached to the bag of crack secreted up a dealer's ass was an unreasonable search. To pull the string, a warrant is required.

Open water can be a good way to test one's mettle, but is equally as good for running from one's problems. Reid Stowe is about a third of the way through his epic thousand day journey on the open seas without making landfall. Stowe is continuing on his epic voyage, while back at home the courts await his return so he can pay up on unpaid child support.