New York Appellate Digest
  • Home
  • About
  • Just Released
  • Update Service
  • Streamlined Research
  • CLE Courses
  • Contact
  • Menu Menu
You are here: Home1 / Criminal Law2 / EMERGENCY DOCTRINE DID NOT JUSTIFY ENTRY INTO HOME, EXPLOSIVES, DRUGS,...
Criminal Law, Evidence

EMERGENCY DOCTRINE DID NOT JUSTIFY ENTRY INTO HOME, EXPLOSIVES, DRUGS, GUNS, FORGED CURRENCY SUPPRESSED.

The Second Department, reversing defendant’s conviction and dismissing the indictment, determined the emergency doctrine did not justify entrance into the home where hand grenades, guns, forged gun permits, explosives, marijuana and forged currency were seized. The police had responded to a silent alarm and found defendant working on a car outside the home. After questioning the defendant, the defendant unlocked to door of the home (to show the police he had keys to the home). When the defendant attempted to go inside and shut the door, the police pushed their way in and saw two hand grenades and a gun:

In the evaluation of whether a warrantless entry was justified under the “emergency doctrine,” the evidence must establish as a threshold matter that the police had “an objectively reasonable basis for believing that a person within [the house] is in need of immediate aid” … . Under the Fourth Amendment, the officers’ subjective belief is irrelevant: “[a]n action is reasonable’ under the Fourth Amendment, regardless of the individual officer’s state of mind, as long as the circumstances, viewed objectively, justify [the] action'” … .

Here, the evidence at the suppression hearing fell short of the required threshold showing because it did not establish that the circumstances known to the police when they entered the house supported an objectively reasonable belief that entry was needed to render emergency assistance to an injured occupant or to protect an occupant from imminent injury … . The police were responding, in the early afternoon, to the type of notification that, in their experience, was usually a false alarm, not an emergency. Indeed, the People agree that the triggering of the alarm did not in itself permit the police to enter the house under the emergency doctrine. When the police arrived, they found the defendant, a middle-aged man, openly working on a van in the driveway. He had a key to the house. He explained his connection to the house, and he gave the police his phone so his sister could corroborate what he said. Moreover, there was no sign of a break-in. Neither of the police officers testified that he had any inkling that there were guns and other weaponry in the house. Their testimony was about their concern for the possible safety of anyone who might be in the house. Nothing, however, supported an objectively reasonable belief that “there was an emergency at hand requiring the immediate assistance of the police in order to protect life or property” … . Indeed, the facts known to the officers fell far short of the circumstances under which the emergency doctrine has been held applicable … . Simply put, this warrantless entry under the emergency doctrine was “unreasonable” (US Const Amend IV), because no facts then known supported a reasonable belief of an emergency. People v Ringel, 2016 NY Slip Op 08887, 2nd Dept 12-28-16

 

CRIMINAL LAW (EMERGENCY DOCTRINE DID NOT JUSTIFY ENTRY INTO HOME, EXPLOSIVES, DRUGS, GUNS, FORGED CURRENCY SUPPRESSED)/EVIDENCE (EMERGENCY DOCTRINE DID NOT JUSTIFY ENTRY INTO HOME, EXPLOSIVES, DRUGS, GUNS, FORGED CURRENCY SUPPRESSED)/SUPPRESS, MOTION TO (EMERGENCY DOCTRINE DID NOT JUSTIFY ENTRY INTO HOME, EXPLOSIVES, DRUGS, GUNS, FORGED CURRENCY SUPPRESSED)/SEARCH AND SIEZURE (EMERGENCY DOCTRINE DID NOT JUSTIFY ENTRY INTO HOME, EXPLOSIVES, DRUGS, GUNS, FORGED CURRENCY SUPPRESSED)/EMERGENCY DOCTRINE (CRIMINAL LAW, EMERGENCY DOCTRINE DID NOT JUSTIFY ENTRY INTO HOME, EXPLOSIVES, DRUGS, GUNS, FORGED CURRENCY SUPPRESSED)

December 28, 2016
Tags: Second Department
Share this entry
  • Share on WhatsApp
https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png 0 0 CurlyHost https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png CurlyHost2016-12-28 17:16:502020-02-06 12:50:27EMERGENCY DOCTRINE DID NOT JUSTIFY ENTRY INTO HOME, EXPLOSIVES, DRUGS, GUNS, FORGED CURRENCY SUPPRESSED.
You might also like
Plaintiff Could Not Show Justifiable Reliance Upon Alleged Misrepresentations in a Stipulation
Collateral Estoppel Doctrine Will Not Be Invoked Unless there Has Been at Least One Full Hearing on the Issues Involved
Proof Requirements for Lack of Constructive Notice of Dangerous Condition Explained
The Proper Vehicle to Address Fraud Which Is Alleged to Have Tainted a Completed Proceeding Is a Motion to Vacate the Judgment, Not the Institution of a New Plenary Action
IN THIS FORECLOSURE ACTION, PLAINTIFF’S COUNSEL’S AFFIDAVIT, WHICH WAS BASED SOLELY UPON READING THE COMPLAINT, DID NOT DEMONSTRATE DEFENDANT’S DEFAULT (SECOND DEPT).
PETITIONER, A JOURNALIST, UNDER THE ELECTION LAW, DID NOT HAVE THE CAPACITY OR STANDING TO EXAMINE 353 BALLOTS CAST IN THE PRIMARY ELECTION FOR QUEENS COUNTY DISTRICT ATTORNEY, WHICH WAS WON BY ONLY 55 VOTES (SECOND DEPT).
PLAINTIFF PROPERLY OPTED TO SUE EMPLOYER FOR WORKPLACE INJURY, EMPLOYER DID NOT CARRY WORKERS’ COMPENSATION INSURANCE.
Odor of Marihuana Provided Probable Cause to Search Defendant’s Car and Person

Categories

  • Abuse of Process
  • Account Stated
  • Accountant Malpractice
  • Administrative Law
  • Agency
  • Animal Law
  • Appeals
  • Arbitration
  • Architectural Malpractice
  • Associations
  • Attorneys
  • Banking Law
  • Bankruptcy
  • Battery
  • Chiropractor Malpractice
  • Civil Commitment
  • Civil Conspiracy
  • Civil Forfeiture
  • Civil Procedure
  • Civil Rights Law
  • Condominium Corporations
  • Condominiums
  • Constitutional Law
  • Consumer Law
  • Contempt
  • Contract Law
  • Conversion
  • Cooperatives
  • Copyright
  • Corporation Law
  • Correction Law
  • County Law
  • Court of Claims
  • Criminal Law
  • Debtor-Creditor
  • Defamation
  • Dental Malpractice
  • Disciplinary Hearings (Inmates)
  • Education-School Law
  • Election Law
  • Eminent Domain
  • Employment Law
  • Engineering Malpractice
  • Environmental Law
  • Equitable Recoupment
  • Evidence
  • Fair Credit Reporting Act
  • Fair Housing Act
  • Fair Housing Amendments Act
  • False Arrest
  • False Claims Act
  • False Imprisonment
  • Family Law
  • Federal Employers' Liability Act (FELA)
  • Fiduciary Duty
  • Foreclosure
  • Fraud
  • Freedom of Information Law (FOIL)
  • Human Rights Law
  • Immigration Law
  • Immunity
  • Indian Law
  • Insurance Law
  • Intellectual Property
  • Intentional Infliction of Emotional Distress
  • Involuntary Medical Treatment and Feeding (Inmates)
  • Judges
  • Labor Law
  • Labor Law-Construction Law
  • Land Use
  • Landlord-Tenant
  • Legal Malpractice
  • Lien Law
  • Limited Liability Company Law
  • Longshoreman's and Harbor Worker's Compensation Act
  • Malicious Prosecution
  • Maritime Law
  • Medicaid
  • Medical Malpractice
  • Mental Hygiene Law
  • Military Law
  • Money Had and Received
  • Municipal Law
  • Navigation Law
  • Negligence
  • Negligent Infliction of Emotional Distress
  • Negligent Misrepresentation
  • Notarial Misconduct
  • Nuisance
  • Partnership Law
  • Personal Property
  • Pharmacist Malpractice
  • Physician Patient Confidentiality
  • Pistol Permits
  • Prima Facie Tort
  • Private Nuisance
  • Privilege
  • Products Liability
  • Professional Malpractice
  • Public Authorities Law
  • Public Corporations
  • Public Health Law
  • Public Nuisance
  • Real Estate
  • Real Property Actions and Proceedings Law (RPAPL)
  • Real Property Law
  • Real Property Tax Law
  • Religion
  • Replevin
  • Retirement and Social Security Law
  • Securities
  • Sepulcher
  • Sex Offender Registration Act (SORA)
  • Social Services Law
  • Statutes
  • Tax Law
  • Tenant Harassment
  • Tortious Interference with Contract
  • Tortious Interference with Employment
  • Tortious Interference with Prospective Business Relations
  • Tortious Interference With Prospective Economic Advantage
  • Town Law
  • Toxic Torts
  • Trade Secrets
  • Trademarks
  • Trespass
  • Trusts and Estates
  • Uncategorized
  • Unemployment Insurance
  • Unfair Competition
  • Uniform Commercial Code
  • Usury
  • Utilities
  • Vehicle and Traffic Law
  • Victims of Gender-Motivated Violence Protection Law (VGM)
  • Village Law
  • Water Law
  • Workers' Compensation
  • Zoning

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

PROSECUTORIAL MISCONDUCT REQUIRED REVERSAL, DETAILED EXPLANATION OFFERED. PLAINTIFF ENTITLED TO SUMMARY JUDGMENT ON HIS LABOR LAW 240(1) CAUSE OF ACTION...
Scroll to top