You are here: / / SEARCH NOT JUSTIFIED BY THE EMERGENCY DOCTRINE, INJURY NOT SUFFICIENT TO...

SEARCH NOT JUSTIFIED BY THE EMERGENCY DOCTRINE, INJURY NOT SUFFICIENT TO SUPPORT ASSAULT 2ND.

The Second Department, reversing and reducing defendant’s convictions, determined a gun found after the emergency which justified police entry into defendant’s home had abated should have been suppressed. The police forced the door open after receiving a report of an assault with weapons and after learning the defendant had run inside the home. After the defendant was handcuffed and the children secured in a bedroom, the police searched the basement a second time and found the gun. The Second Department also hed the injury suffered by the assault victim was not serious enough to meet the requirements for assault second:

… [W]e agree with the defendant that the hearing court should have suppressed the gun. Although “warrantless entries into a home are presumptively unreasonable'” … , a warrantless search and seizure in a protected area may be lawful under some circumstances pursuant to the emergency doctrine … . The emergency exception “sanctions warrantless searches and seizures in circumstances presenting an immediate danger to life or property” … . “This exception must be narrowly construed because it is susceptible of abuse and may be used to validate an otherwise unlawful arrest or seizure” … . The People have the burden of justifying the warrantless search … . Moreover, the scope and duration of the search must be limited by, and reasonably related to, the exigencies of the situation … .

Here, the initial entry by the police into the defendant’s home and the initial search for occupants and weapons was justified under the emergency doctrine … . However, once the police had the defendant in handcuffs and had secured all of the occupants of the home in the rear bedroom, the emergency had abated … . People v Williams, 2017 NY Slip Op 00329, 2nd Dept 1-18-17

 

CRIMINAL LAW (SEARCH NOT JUSTIFIED BY THE EMERGENCY DOCTRINE, INJURY NOT SUFFICIENT TO SUPPORT ASSAULT 2ND)/SEARCH AND SEIZURE (SEARCH NOT JUSTIFIED BY THE EMERGENCY DOCTRINE)/SUPPRESSION (CRIMINAL LAW, SEARCH NOT JUSTIFIED BY THE EMERGENCY DOCTRINE)/ASSAULT (INJURY NOT SUFFICIENT TO SUPPORT ASSAULT 2ND)/PHYSICAL INJURY (CRIMINAL LAW, INJURY NOT SUFFICIENT TO SUPPORT ASSAULT 2ND)

You might also like
THE BANK IN THIS FORECLOSURE ACTION DID NOT SUBMIT SUFFICIENT PROOF OF STANDING OR COMPLIANCE WITH THE NOTICE REQUIREMENTS OF RPAPL 1304 (SECOND DEPT).
APPEAL HELD AND MATTER REMITTED TO ALLOW DEFENDANT TO MOVE TO VACATE HIS GUILTY PLEA ON THE GROUND HE WAS NOT INFORMED OF THE DEPORTATION CONSEQUENCES (SECOND DEPT).
DEFENDANT’S MOTION TO VACATE ITS DEFAULT BECAUSE IT WAS NEVER SERVED WITH THE SUMMONS AND COMPLAINT SHOULD HAVE BEEN GRANTED; THE ADDRESS ON FILE WITH THE SECRETARY OF STATE WAS INCORRECT (SECOND DEPT).
Mother Never Waived Her Right to Counsel in Custody Proceedings–Denial of Mother’s Petition for Custody Reversed
A FRAMED ISSUE HEARING IS REQUIRED TO DETERMINE IF THE CARRIER PROPERLY DISCLAIMED COVERAGE IN THIS TRAFFIC ACCIDENT CASE ON THE GROUND THAT ITS INSURED’S CAR HAD BEEN STOLEN; THE UNINSURED MOTORIST CARRIER’S PETITION FOR A TEMPORARY STAY OF ARBITRATION SHOULD HAVE BEEN GRANTED (SECOND DEPT).
THE MOTION TO VACATE THE DEFAULT SHOULD HAVE BEEN GRANTED IN THE INTEREST OF JUSTICE, NO NEED TO DEMONSTRATE A REASONABLE EXCUSE; THE LOAN AGREEMENT WAS CRIMINALLY USURIOUS; THE MOTION TO DISIMISS BASED ON DOCUMENTARY EVIDENCE SHOULD HAVE BEEN GRANTED (SECOND DEPT).
STANDING OUTSIDE A VEHICLE AND REACHING INSIDE IS NOT “OCCUPYING” THE VEHICLE SUCH THAT THE AUTOMOBILE PRESUMPTION OF POSSESSION OF THE CONTENTS OF A VEHICLE CAN BE CHARGED TO THE JURY (SECOND DEPT). ​
SENTENCING COURT MUST CONSIDER YOUTHFUL OFFENDER STATUS EVEN WHERE IT IS NOT REQUESTED OR WHERE DEFENDANT AGREES TO FORGO IT AS PART OF A PLEA BARGAIN (SECOND DEPT).

Categories

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 © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

STATE DOES NOT HAVE A DUTY TO WARN SWIMMERS OF RIP CURRENTS AT STATE BEACHE... SUMMARY JUDGMENT PROPERLY GRANTED FOR OIL SPILL ON PLAINTIFF’S PROPER...