DETECTIVE ENTERED FENCED BACKYARD WITHOUT A WARRANT, SUPPRESSION SHOULD HAVE BEEN GRANTED.

The Second Department determined defendant’s suppression motion should have been granted.  The detective investigating a burglary entered the curtilage of defendant’s home without a warrant in the absence of exigent circumstances:

Here, in entering the defendant’s fenced-in rear yard by opening the gate and going through it, the detective entered the curtilage of the defendant’s home … . The People have failed to articulate any exigent circumstances justifying this intrusion and the ensuing warrantless arrest and search … . People v Avinger, 2016 NY Slip Op 04426, 2nd Dept 6-8-16

CRIMINAL LAW (DETECTIVE ENTERED FENCED BACKYARD WITHOUT A WARRANT, SUPPRESSION SHOULD HAVE BEEN GRANTED)/CURTILAGE (DETECTIVE ENTERED FENCED BACKYARD WITHOUT A WARRANT, SUPPRESSION SHOULD HAVE BEEN GRANTED)/SUPPRESSION (DETECTIVE ENTERED FENCED BACKYARD WITHOUT A WARRANT, SUPPRESSION SHOULD HAVE BEEN GRANTED)/SEARCH AND SEIZURE (DETECTIVE ENTERED FENCED BACKYARD WITHOUT A WARRANT, SUPPRESSION SHOULD HAVE BEEN GRANTED)/WARRANTLESS SEARCH (DETECTIVE ENTERED FENCED BACKYARD WITHOUT A WARRANT, SUPPRESSION SHOULD HAVE BEEN GRANTED)/EVIDENCE (DETECTIVE ENTERED FENCED BACKYARD WITHOUT A WARRANT, SUPPRESSION SHOULD HAVE BEEN GRANTED)