The Complete Search Warrant, Annotated - Judiciary …
The Complete Search Warrant, Annotated
Consolidated Edition
By
Albert M. Rosenblatt
NEW YORK STATE UNIFIED COURT SYSTEM
November 2004
Copyright ? 2005 New York State Unified Court System
All rights reserved
ABOUT THE AUTHOR
A graduate of the University of Pennsylvania and Harvard Law School, Albert M. Rosenblatt is a Judge on the New York Court of Appeals and former Chief Administrative Judge of New York State. Before that, he had been Dutchess County's District Attorney and then served on the County Court, Supreme Court, and Appellate Division, Second Department. He has written on a variety of legal and popular topics.
He and his wife Julia, a writer and former Vassar College professor, live in Dutchess County. Their daughter, Betsy, is an attorney in California, specializing in intellectual property.
PREFACE
"Where is your warrant?" This question has been asked countless times, but rarely with more drama than in "The Disappearance of Lady Frances Carfax," a Sherlock Holmes adventure. The villain, a bogus preacher named Holy Peters, was unlawfully secreting his victim and Holmes demanded entry. On his side, the great detective had only justice and a revolver. Where was the warrant? Holmes half drew the revolver from his pocket and replied, "This will have to serve till a better one comes," Holmes explained. The approach worked well for Sherlock Holmes but will not do for American law enforcement officials. A revolver can be as effective as a warrant, and may even produce prompter compliance, but given the exclusionary rule, it would be uneconomical to trade in this modest volume for a Colt .45. This is the most recent incarnation of a work that I wrote as a prosecutor in 1973. Much has happened over the ensuing 31 years. The cases (not to mention the writer) have grown older but the inventory has been replenished several times over, and so what began as a 44 page work has grown to 120 pages. In 1973 the piece was published by the New York State District Attorneys' Association, under the able aegis of Richard L. Friedman. I updated the work for a few years, with the help of the Bureau of Prosecution and Defense Services, expertly directed by Bill Dowling and Michael Gross. 1997 saw a revised edition, and so the work stood until this past year. In preparing it, I relied not only on the abundant body of decisional law but on a number of publications, particularly the excellent treatises by Judge William C. Donnino (New York Court of Appeals on Criminal Law), Barry Kamin's book on New York Search and Seizure, and Wayne R. LaFave's Search and Seizure volumes. In addition, and with their eagle eyes, Judge Donnino and Judge Steven W. Fisher read the manuscript and made a number of valuable suggestions that I have included in the text. At a judicial training event at our Pace Law School facility, Judge Juanita Bing Newton generously commented
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