People v. Farenga

The defendants have moved to suppress 42,590 packages of untaxed cigarettes which were confiscated by New York State Tax Department agents, without a warrant, on the ground that the officials had no probable cause to believe that a crime was being committed in their presence atlthe time of the seizure.

Defendants also contend that their Fourth Amendment right to be secure against unreasonable search and seizure was violated when the agents entered the garage of the private dwelling, where they were gathered, to seize the contraband cigarettes1.

The court has reviewed the transcript of the…