Federal Defenders of New York Second Circuit Blog

Fourth Amendment

Circuit Holds a Search is Not a “Search”

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Per the Second Circuit’s ruling today in United-States-v.-Poller (Parker, Bianco, Nardini), police may use a smartphone’s camera application to search inside a car with tinted windows without getting a warrant. Officers in Waterbury, CT, observed Christopher Poller possibly dealing drugs from his car.  After he left the car, they approached and tried to open a door … Read more

Special conditions of supervised release must be based on an individualized assessment of the defendant and adequately explained.

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In two recent decisions, the Second Circuit reiterated the requirements for imposing special conditions of supervised release: a sentencing court must undertake an “individualized assessment” of the defendant and “state on the record the reason for imposing” any special condition. The failure to do so is error. In United States v. Alex Oliveras, No. 21-2954, … Read more

A post-sentencing examination of previously seized electronic data does not violate the Fourth Amendment. And the subsequent prosecution of the defendant for producing child pornography – based on evidence discovered in that examination – is not barred by the prior plea agreement concerning his conviction for possessing child pornography.

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In United States v. Cory Johnson, 2d Cir. No. 22-1086-cr (February 27, 2024), the panel (Livingston, Carney, Bianco) rejects Johnson’s claims and affirms his conviction and 20-year sentence for producing child pornography (CP) in violation of 18 U.S.C. § 2251(a). The opinion, by Chief Judge Livingston, concludes that the instant prosecution for CP production – … Read more

The government’s use of a former cellmate’s testimony to introduce a defendant’s statements about his planned trial strategy didn’t violate the Sixth Amendment right to the effective assistance of counsel where the witness wasn’t a government informant when the defendant confided in him. Also, a federal probation officer’s warrantless search of the home and car of a person “serving a term of supervised release” didn’t violate the Fourth Amendment because the probation officer needed only a “reasonable suspicion” to search, not a warrant or probable cause. United States v. Chandler, No. 18-1841, 56 F.4th 27 (2d Cir. [Dec. 27,] 2022) (C.J.J.’s Lynch, Carney, and Sullivan).

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This appeal addresses a Fourth Amendment claim raised in the context of a Probation Officer’s search of the home and car of  “an individual serving a term of supervised release.” The Circuit concludes that the searches were valid because the Probation Officer had a “reasonable suspicion” that the defendant was committing crimes. The case also … Read more

Second Circuit Holds That a Fourth Amendment Challenge to Evidence Seized Under a State Warrant Is Not Precluded by a Prior Guilty Plea in State Court.

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In United States v. Jones, No. 20-3009 (2d Cir. Aug.1, 2022), the Circuit (Livingston, joined by Chin and Nardini) held that the defendant’s state guilty plea did not preclude him from challenging the evidence seized pursuant the state warrant in his federal case because the Fourth Amendment claim was not raised in state court. On … Read more

Second Circuit reverses a suppression order, applying “special needs doctrine” to uphold a parole officer’s search of parolee’s house without reasonable suspicion.

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In United States v. Braggs, No. 20-892 (2d Cir. July 13, 2021), the Second Circuit reversed the suppression of guns and drugs found in a search of defendant’s house by his New York state parole officer. The search was based on an anonymous tip that “Mr. Braggs may have guns in his house.” The District … Read more

Supreme Court holds that there is no “community caretaking” exception to the Fourth Amendment’s warrant requirement.

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In Caniglia v. Strom, decided May 17, 2021, the Supreme Court ruled that there is no such thing as a “community caretaking” exception to the warrant requirement of the Fourth Amendment. This case began when Mr. Caniglia had an argument with his wife at their Rhode Island home.  He then retrieved a pistol from the … Read more

The Supreme Court holds that when the police shoot the driver of a car, that is a “seizure” even if the wounded motorist manages to drive away.

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In Torres v. Madrid, decided on March 25, 2021, the Supreme Court determined that a seizure takes place for Fourth Amendment purposes when the police shoot someone who is escaping from the scene, even if her escape is successful. The context for this decision was a § 1983 lawsuit by Roxanne Torres alleging that the … Read more

Second Circuit: 31-Day Delay In Seeking Warrant To Search Seized Tablet Computer Violates Fourth Amendment, But Suppression Not Warranted Because Delay Resulted From Mere “Isolated Negligence.”

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In United States v. Smith, the Circuit (Meyer, D. Conn., joined by Katzmann and Kearse), the Circuit held that police violated the Fourth Amendment by waiting 31 days before seeking a warrant to search a seized tablet computer, but declined to apply the exclusionary rule because the error was due to “isolated negligence,” and because … Read more