People v. Rainey

In People v. Rainey, 14 N.Y.2d 35 (1964), the New York Court of Appeals held that a warrant authorizing the search of a multi-unit apartment building was unconstitutionally deficient in that it did not particularly describe the place to be searched. Essentially the police requested a warrant to search the entire premises located at 529 Monroe Street in the City of Buffalo. Probable cause for the warrant was only established as to one of the residents in the building. The Court issued the warrant. However, 529 Monroe Street consisted of two separate residential apartments, the front apartment being occupied by the defendant and the rear apartment was occupied by an innocent third person. The Court held that under the circumstances such a warrant is void on its face as it did not establish the requisite probable cause to search the entire area described in the warrant.