People v. Mahoney

In People v. Mahoney (58 N.Y.2d 475, [1983]), the Court rejected a claim that "an executed but undelivered search warrant is tantamount to there being no warrant." (Id., 58 N.Y.2d at 479 ) The Court held that, "once a warrant had been issued by a neutral magistrate, physical possession of the warrant at the time of entry was not required under the facts of the case." (Id., 58 N.Y.2d at 479.) The holding was in the Payton v. New York context, however, and only concerned the entry itself by the police into the premises before the warrant arrived, because on the facts of the case, the search later conducted (the warrant also authorized a search) did not begin until the warrant arrived. (Id., 58 N.Y.2d at 480.)