Fourth Department – Search warrant: People v. Ozkaynak

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Search warrant

Cellular data – Overbroad application

People v. Ozkaynak

KA 18-00389

Appealed from Livingston County Court

Background: The defendant appealed from his conviction of murder and tampering with physical evidence. On remittal, the court determined that there was sufficient information in the warrant application to support a reasonable belief that evidence of a crime would be contained in the defendant’s cellular telephone records.

Ruling: The Appellate Division affirmed. The court held that the information contained in the warrant applications provided a reasonable belief that information from the motel room, electronic devices and cellular phones would connect the defendant to the murder of the victim or, at the very least, would connect him to locations where physical evidence had been tampered with. The Appellate Division concluded that the request to seize all data and graphic files was overly broad, but it could be severed from the rest of the warrant to be limited to items pertaining to the death of the victim and concealment of the crime.

Danielle C. Wild for the defendant-appellant; Joshua J. Tonra, of the district attorney’s office, for the respondent.