Jeremy Saland, Criminal Attorney, Breaks Down the Legality of Raids in New York City on Spectrum

Published: Sep 05, 2024 Duration: 00:05:55 Category: News & Politics

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as we have been reporting according to sources the FBI came to the homes of two of Mayor Adams's closest AIDS first Deputy Mayor Sheena Wright and deputy mayor for Public Safety Philip Banks and subpoena the cell phones of at least seven people in the NYPD including the police commissioner himself Edward caban a lot of questions remain this morning including the big one which is what led to these raids and what are federal authorities exactly looking for for more on the legal process around these raids we're joined by criminal defense attorney and former Manhattan assistant district attorney Jeremy sand always good to talk to you uh Jeremy I want to start off what stood out to you when you heard and saw all this uh transpiring the past couple days well when you're going that far up the the proverbial food chain to to Deputy Mayors and separately trying to get or in fact getting the cell phone of the police commissioner uh you know it tells me that they're likely not or not would say likely but they very well could be the main targets but they're looking to build a bigger picture meaning the ederal government the FBI and that could mean something significant for the the current mayor Adams we don't know we shouldn't speculate but they went before a judge got that probable cause before that judge and that neutral judge signed off and said you can go to those homes and check those homes for criminality yeah I'm going to ask you more about that so when they execute a search warrant describe the process before that they may receive a tip or they have some kind of evidence or or some kind of belief that there's some kind of reason to believe that there's something going on here so describe that process yeah I mean it can come through different sources I mean without speculating and saying it in fact happened here there could be an undercover person there could be what we call an informant which everyone has heard of before there could be just other information that they gained through their own investigation there could be IP addresses going back to a home there could be someone who freshly saw something that they were seeking a Contraband or some form of criminality that's not stale meaning they saw something in the past couple days or week in one of those or both of those homes so there a lot of different things but ultimately what has to happen is the FBI agent here or in the New York City it would be the police department a police officer detective goes before a judge after the prosecutor drafts that affidavit and swears it out and tell swears to tell the truth and that judge reviews that evidence can ask questions and then decides yes or no you can proceed with that search warrant and Jerry when you are presented with a search warrant uh can you challenge it you absolutely you can challenge everything and anything in in the criminal justice system within the four corners of the law one of the problems that you may see in search warrants is you've already had that neutral judge that body go before pardon me the FBI or the police go before that judge and and that judge make a determination that that probable cause exists and doing that background asking those questions doesn't mean that it's going to withstand every challenge no but it's certainly more difficult than let's say that random stop and say let me stop your car and search it yeah uh Jeremy something that stood out to us here in The Newsroom uh they searched the homes of some of Mayor Adams's Inner Circle some of his Deputy Mayors but in the case of uh the police commissioner they didn't necessarily search or Raid his home they just asked for his cell phone uh what do you make of that if anything you a cell phone is a computer so there could be so much information stored on that computer and that device and it's not something that goes easily a stale whereas it may be gone in a week or two weeks or a month because even if you delete something it could still be there and there's evidence of communications and transactions so they're going to go into that phone with a search warrant one would expect to figure out what is on there it's not just a subpoena to get a phone it's not just subpoena to get records of the phone from the phone company they want that physical phone and to find out what's there so they have these phones other devices and presumably anything else that they took out of these homes what is the process like next what does the next phase look like for these investigators so they're going to go in and they're going to look and see what's there and you know it may not be exigent in meaning that there's something immediately happening imminent that they're going into it tomorrow or the next day but what they're going to do is catalog what they took from the home when they did the search warrant on the home and then they're going to have someone for lack of better term of forensic someone who is familiar with computer science is going to go into that search warrant and go into those phones to see what they can find and they're going to add it to whatever they have already does that mean they're going to present this to a grand jury does that mean they may use that to say hey you know what Deputy Mayor we want you to cooperate we've got some good evidence on you hard evidence I'd be speculating but these SE are all different Avenues and J we should point out just because this happened doesn't necessarily mean that charges or arrests are or uh imminent um but when something like this happens obviously obviously this is very very serious is there uh I know every investigation is different but from they do a search war from when they search and sees the evidence is there sort of a a timeline in terms of when potentially there might be something else developing from that no there's not necessarily a timeline but one would expect that something might come come let me take the back it could very well happen soon but they still have to go into those phones they still have to meaning they law enforcement go and see whatever they recovered they may decide to talk to more people so always always always there's a presumption of innocence and there's no proof whatsoever that anyone's being arrested today or tomorrow at all but this doesn't bode well they're doing this for a reason there's obviously some criminality because you're not getting that search War without that probable cause level to search for that criminality or evidence of that criminality so again it doesn't Bodwell tomorrow a month further than that I I can't tell you and again no indication that the mayor himself uh has been targeted in this in this investigation and no indication he himself has done anything wrong deserves everyone deserves that proof of you know that they're innocent the burden's always on the prosecution for sure Jeremy always good to talk to you thank you so much for that you as well

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