In the aftermath of Hickey, the legislature amended CPL 690.35 in 1992 to broaden the choice of courts empowered to issue search warrants (L 1992, ch 815, 816). Free Consultation - Call 617.936.The question of this case is whether a 4 th amendment consent to search a premises is a question of law or fact. Application for a summons DC-430 File with a verified complaint to request the court to issue a summons if you do not have an attorney. 31 days is simply too long for law enforcement officers to possess an arrestee's phone prior to obtaining a search warrant for it. The 4th Amendment says "No warrants shall issue, but upon probable cause. As the People concede, this search warrant was too broadly phrased. White pointed out that for most of the history of the common law, "any. After downloading and printing applicable forms, please fill out and mail to: Suffolk County Police Department Headquarters 30 Yaphank Ave Yaphank, NY 11980.