 in 2021. He tells Eyewitness News that the biggest gains were in the Bronx.
While shootings overall were down, there is another troubling trend - the number of children getting shot is surging.
On Wednesday, police arrested a 17-year-old in connection to the murder of 14-year-old Prince Shabazz in Fordham Heights. She was one of 149 minors shot in the city this year.
Eyewitness News Reporter Derick Waller asked Lipetri why 10 percent of the shooting victims are under the age of 18.
"It's been fueled by gang and crew disputes and a lot of that is fueled by social media. We see music videos sometimes fueling this violence, but we've also seen our gun arrests are at its highest level in 27 years," Lipetri said.
Oresa Napper-Williams' son, Andrell was murdered in 2006 by a 15-year-old in Brooklyn. She says gangs continue to recruit teenagers to commit crimes, knowing they won't be charged as an adult.
"But they know that him being caught at the age of 15 that he would get a slap on the wrist and thus only receiving nine years for my son's murder, and he was not even allowed to testify against any of the others, so that is still a game that is being played," said Napper-Williams.
The NYPD says in order to bring the crime numbers back down, they are focused on prevention with at-risk youth.
"We want to get out in front of it. We want to speak to them. We want to speak to them," Lipetri said.
Prevention - to hopefully avoid more tragedy in 2023.F. Jackson, et al, Petitioners.
[1] Searches and Seizures - Similar State and Federal Provisions - Change in Federal Interpretation - Effect. When the United States Supreme Court changes its interpretation of the Fourth Amendment prohibition against unreasonable searches and seizures, the Supreme Court may follow its previous decisional law by interpreting Const. art. 1, 7 more expansively than the United States Supreme Court interprets the Fourth Amendment.
[2] Searches and Seizures - Warrant - Informant's Tip - Reliability - Test. In determining whether information provided by an informant establishes probable cause to issue a search warrant, Const. art. 1, 7 requires a showing of the manner in which the informant acquired the information and the underlying circumstances making either the informant credible or the information reliable. The "basis of knowledge" and the "veracity" aspects of the test are independent, and both are essential. A magistrate's determination of probable cause is entitled to considerable deference on appeal.
[3] Searches and Seizures - Warrant - Informant's Tip - Reliability - Deficiencies - Additional Police Investigation. Deficiencies in a showing of the basis of an informant's knowledge or the veracity of the information provided can be compensated for by independent police investigation which corroborates the informant's tip and supports the existence of criminal activity as alleged by the informant.
NAMES OF CONCURRING OR DISSENTING JUDGES: Dore, J., concurs in the result only; Dimmick, J., concurs by separate opinion; Utter, J., and Williams, C.J., dissent by separate opinion; Andersen, J., did not participate in the disposition of this case.
NATURE OF ACTION: Prosecution of a husband and wife for possession of marijuana. The affidavit supporting the search warrant for the defendants' house was based on an informant's naming the defendants as distributors for a known drug dealer.
Superior Court: The Superior Court for Kitsap County, Nos. 81-1-00122-8, 81-1-00123-6, Terence Hanley and Robert J. Bryan, JJ., on September 8 and 3, 1981, entered judgments of guilty.
Court of Appeals: The court AFFIRMED the judgments in an unpublished opinion noted at 36 Wn. App. 1040.
Supreme Court: Holding that Const. art. 1, 7 requires application of the AGUILAR-SPINELLI test for determining the existence of probable cause to search when information is provided by an informant and that the two prongs of the test were satisfied in this case, the court AFFIRMS the judgments.
COUNSEL: TIMOTHY K. FORD, for petitioners.
C. DANNY CLEM, PROSECUTING ATTORNEY, and KENNETH G. BELL, DEPUTY, for respondent.
MAJORITY OPINION: Petitioners Walter and Linda Jackson appeal a Court of Appeals decision affirming convictions for possession of marijuana. The primary issue is whether a search warrant was valid under Const. art. 1, 7.
We hold that Const. art. 1, 7 requires that, in evaluating the existence of probable cause in relation to informants' tips, the affidavit in support of the warrant must establish the basis of information and credibility of the informant. SEE SPINELLI v. UNITED STATES, 393 U.S. 410, 21 L. Ed. 2d 637, 89 S. Ct. 584 (1969); AGUILAR v. TEXAS, 378 U.S. 108, 12 L. Ed. 2d 723, 84 S. Ct. 1509 (1964). We find that the affidavits and independent investigatory corroboration satisfy these requirements and the warrant was thus valid. The convictions are affirmed.
The challenged Jackson residence search warrant stemmed from federal surveillance of Judith Stern, who, like the Jacksons, lived on Bainbridge Island. The affidavit supporting the search warrant for the Jacksons' home incorporated by reference several affidavits and other documents which had been filed in conjunction with the investigation of Stern. None of these documents mentioned the Jacksons, but they did describe Stern's activities in some detail. According to informant James Howell, Stern represented herself to be the largest marijuana dealer in this part of the country. Howell stated that he had, at Stern's direction, purchased two mini motor homes and modified them so they could be used for smuggling marijuana from Florida to Washington.
The affidavit in support of the warrant to search the Jackson residence recited that on March 9, 1981, pursuant to a federal warrant, federal agents searched Stern's residence on Bainbridge Island and seized about 5,000 pounds of marijuana, $140,000 in cash, and two handguns.
The Jackson affidavit next stated that on the same day Stern's residence was searched, federal agents saw a BMW arrive at the Stern residence. The BMW was registered to Larry Corby. According to the affiant, "the reliable informant" had previously identified a "Larry" as one of Stern's principal distributors. On the afternoon of March 9, the agents saw Stern and a man matching Larry Corby's description removing objects from the BMW and, later, placing a large, heavy, green plastic bag in the trunk.  Fifty-five minutes after Corby's departure from Stern's house, authorities spotted the BMW parked in the driveway of a residence at 12509 Sunrise Drive N.E. The BMW remained there for over an hour, but the agents apparently did not see anyone unload anything from the trunk. The affiant did say, however, that "[t]he reliable informant" had previously pointed out the Sunrise Drive address as the home of "'Walter,' who is also another of Judy Stern's main distributors." The affidavit does not mention how the informant knew that Walter was a "distributor." Finally, the affiant said that the federal agents saw several vehicles at the Sunrise address which were registered to "Sharon [SIC] and Walter Jackson."
Based upon the above information, Federal Magistrate John Weinberg issued a warrant to search the Sunrise Drive residence. Federal agents executed the warrant on March 10, 1981, and seized a large quantity of marijuana and cash. Thereafter, the Kitsap County prosecutor charged the Jacksons with possession of over 40 grams of marijuana.
The Jacksons moved to suppress the marijuana, arguing that the search warrant was invalid. The trial court denied the motion, and both defendants were subsequently found guilty. The Court of Appeals, Division Two, held that the search warrant was valid under the "totality of the circumstances" test established in ILLINOIS v. GATES, _____ U.S. _____, 76 L. Ed. 2d 527, 103 S. Ct. 2317 (1983) and affirmed both convictions by unpublished opinion. STATE v. JACKSON, 36 Wn. App. 1040 (1984).
Prior to the Court's decision in GATES, Fourth Amendment analysis utilized the AGUILAR-SPINELLI 2-pronged test for evaluating the existence of probable cause in relation to informants' tips. For an informant's tip (as detailed in an affidavit) to create probable cause for a search warrant to issue: (1) the officer's affidavit must set forth some of the underlying circumstances from which the informant drew his conclusion so that a magistrate can independently evaluate the reliability of the manner in which the informant acquired his information; and (2) the affidavit must set forth some of the underlying circumstances from which the officer concluded that the informant was credible or his information reliable. AGUILAR, at 114; SPINELLI, at 413.
After nearly 15 years, the United States Supreme Court abandoned the AGUILAR-SPINELLI test in GATES. The Court opined that "it is wiser to abandon the 'two-pronged test' established... in AGUILAR and SPINELLI" in favor of a "totality of the circumstances" approach. GATES, 103 S. Ct. at 2332. Under this nebulous standard,