United States v. Babilonia, No. 14-3739 (2d Cir. 2017)Annotate this Case
Defendant Key was convicted of conspiracy to commit murder-for-hire and several drug- and firearm-related offenses. On appeal, defendant principally challenged the sufficiency of the evidence supporting his conviction for participating in the murder-for-hire conspiracy and the admission of evidence seized during a car stop and search of his apartment. The court concluded that the evidence offered at trial to prove the pecuniary value element of defendantʹs conviction for conspiracy to commit murder‐for‐hire was sufficient to support the guilty verdict, and that the challenged searches and seizures did not violate the Fourth Amendment. In this case, the officers had probable cause to believe that the vehicle contained contraband. After defendant's arrest, officers were entitled to conduct an inventory search, and thus the discovery of the evidence in the back of the car was inevitable. Furthermore, defendant's cell phones, iPad, and address book where in plain view in the apartment. Accordingly, the court affirmed the judgment.