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PEOPLE v. BROWN

96 N.Y.2d 80 (2001)

749 N.E.2d 170

725 N.Y.S.2d 601

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACK BROWN, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 2001.

Attorney(s) appearing for the Case

Christopher S. Anderson, Rochester, for appellant.

Terrence M. Parker, District Attorney of Allegany County, Belmont, for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and GRAFFEO concur.

OPINION OF THE COURT

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...

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