People v. Carratu

194 Misc. 2d 595 (2003)

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People v. Carratu

New York Supreme Court
194 Misc. 2d 595 (2003)

  • Written by Sharon Feldman, JD

Facts

Robert Carratu (defendant) was arrested for selling illegal cable-television boxes. A warrant was issued authorizing a search for records relating to the purchase and sale of illegal cable boxes and computers used in connection with the illegal activity. The police seized three computers. A detective found web pages downloaded from a cable-box website, a folder labeled “Customers,” and a folder labeled “DSS” that related to satellite television. In a folder labeled “Fake ID,” the detective found images of driver’s licenses, social-security cards, and other false identification documents. Either before or after the “Fake ID” files were opened, a driver’s-license image was found in a folder called “My Documents.” Carratu was indicted for criminal possession of forgery devices and moved to suppress the seized evidence. Carratu claimed the computer search exceeded the warrant’s scope because the detective failed to first examine files or directories that by their name or file extension might indicate they contained documentary evidence.

Rule of Law

Issue

Holding and Reasoning (Ort, J.)

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