My question involves criminal law for the state of: New York
I have this question that I have to answer for my Legal Studies courses. The fictional scenario is below. What I was wondering is can Billy be charged with this if he was originally taken in for a DUI charge? In order to get a warrant to wear a wire and tape someone, the warrant must have sufficient evidence. But since Bill was only taken in for a DUI and if the police had sufficient evidence to begin with, they would already have him on drug charges. So would the police even be able to get the warrant to begin with in this case?
Thanks!
Billy Badman is a suspected drug dealer who the police have been after for a long time. One evening, Billy is arrested on a DWI charge and held overnight in a cell at the local precinct. The police decided to use this opportunity to get further evidence against Billy and they put an undercover officer with a hidden recorder into Billy’s cell posing as another person arrested on DWI charges.
While talking to Billy late at night, he gets Billy to admit that he sells drugs. The conversation is recorded. We now represent Billy who has been charged with the selling of narcotics, a serious felony. Can the prosecution offer the recorded admission of drug selling into evidence in the trial against Billy?

