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1
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OPINION
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EXTRACTED KEY WORDS
PLAIN SEIZURE POLICE PARTICULARITY CONTRABAND DOCTRINE OVERBROAD DEFENDANT AUTHORIZE AMENDMENT EXECUTING TRACTOR CONSIDERED CONTRABAND VALID PORTION DIRECTIVES PARTICULARITY REQUIREMENT UNITED STATES POSSESSION OVERBROAD LANGUAGE EXECUTING OFFICERS INVALID PORTION BLASTING CAPS RESPONDENT APPELLANT ROSENBLATT OVERBREADTH SEVERABILITY SEIZURE UPHELD DEFENDANT ALLEGEDLY STOLE |
4 No. 23
The People &c.,
Respondent,
v.
Jack Brown,
Appellant.
_________________________________________________________________
2001 NY Int. 29
March 27, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Christopher Anderson, for appellant.
Terrence M. Parker, for respondent.
_________________________________________________________________
ROSENBLATT, J.:
The case before us involves the interplay of several themes in search
warrant jurisprudence: the particularity requirement of the Fourth
Amendment, overbreadth, severability and the plain view doctrine.
Here, a search warrant authorized police to search for four
particularized items and "any other property the possession of which
would be considered contraband." While executing the warrant, police
discovered several weapons in plain view, none of them enumerated in
the warrant. The issue before us is whether overbroad language can be
severed from an otherwise valid warrant and the plain view seizure
upheld. On the facts presented here, we hold that it can.
Defendant allegedly stole a tractor and asked his acquaintance, John
DiDominico, to help him sell it. DiDominico owned a similar tractor
and defendant wanted to switch Vehicle Identification Number (VIN)
plates with DiDominico and transport the tractor out of the vicinity
undetected. In return, defendant offered to cut DiDominico in on the
sale proceeds.
DiDominico informed the police of defendant's plan. He told them how
defendant stole the tractor from a nearby landowner, stashed it
temporarily on State land and then moved it to a creek bed on
DiDominico's property. He also told them that defendant was preparing
to transport the tractor to nearby Warsaw, New York. According to
DiDominico, defendant had already removed the VIN plate from the
stolen tractor, as well as a steel tow chain and a "top link bar,"
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