*1 The Defendant is charged with one count of Attempted Criminal Possession of a Weapon in the Second Degree and two counts of Attempted Criminal Possession of a Weapon in the Third Degree. A hearing was ordered to determine whether a search warrant obtained by the*2
police leading to the recovery of a firearm was tainted by the prior conduct of parole officers who executed a search of the Defendant’s apartment. Parole Officer Kimberly Williams was the only witness who testified at the hearing. The Court finds her testimony to be credible. For the reasons set forth below the Court finds that the initial search of the Defendant’s apartment by parole officers unlawfully tainted the subsequent acquisition of the search warrant and the seizure of the firearm. The motion to suppress the firearm seized in the execution of the warrant is therefore granted.Statement of FactsParole Officer Kimberly Williams, a 16-year employee of the Department of Corrections and Community Supervision (“DOCCS”), testified that she is a parole officer assigned in New York County. Her responsibilities involve supervising persons who have been released from custody but are still serving sentences for their crimes. Parolees are required to abide by conditions such as living at an approved residence, going to school or work, attending mandated programs, maintaining a curfew, avoiding narcotics use, avoiding possessing dangerous weapons and avoiding committing crimes.1 She said that in 2017 she was supervising, on average, about 70-80 parolees. Parolees supervised by DOCCS are also required to meet with parole officers and agree to subject themselves to home visits and searches. Officer Williams said that as part of her duties having supervised over 500 parolees, she had conducted home visits during which she has recovered many types of contraband.Upon release from prison, it is customary for parolees to sign a document referred to as a “Certificate of Release”, containing the conditions the parolee is stipulating to as part of his release. The People introduced into evidence a Certificate of Release purported to have been signed by the Defendant on May 3, 2016. Officer Williams said this was the same document signed by all persons released on parole. Among other provisions, the Certificate of Release provided that:I Frederick Jennings [here, on the form, there is blank space where Mr. Jennings' name was typed] voluntarily accept Post-Release supervision. I fully understand that my person, residence and property are subject to search and inspection. I understand that Post-Release Supervision if [SIC] defined by these Conditions of Release and all other conditions that may be imposed upon me by the Board of Parole or it [SIC] representatives. I understand that my violation of these conditions mat [SIC] result in the revocation of my release.
