CA2: Even if an administrative search was pretext for a criminal search, there was an independent basis for later SW

Defendants argued that an administrative search was a pretext for a criminal search. A later search warrant was based on independent information from state wiretaps. “Here, assuming arguendo that the administrative search was improper, suppression of the evidence obtained from the restaurant search was not required because the search warrant later obtained by law enforcement was supported by independent sources, and the administrative search did not prompt the warrant application. As the district court concluded, the search warrant application relied on more than six months’ worth of wiretaps carried out prior to the NYSSA inspection. That investigation had revealed that Defendants-Appellants were importing cocaine, and that there was a fair probability that contraband or evidence of a crime would be found in the restaurant. Law enforcement had further seized 55 kilograms of cocaine from produce containers connected with one of Gregorio’s produce import/export companies, suggesting that Gregorio used his businesses as a cover for his criminal operations.” United States v. Gigliotti, 2021 U.S. App. LEXIS 6009 (2d Cir. Mar. 2, 2021).