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
MATTER ERRONEOUSLY TRANSFERRED TO A COURT WITHOUT SUBJECT MATTER JURISDICTION (CIVIL COURT) CAN BE RETRANSFERRED TO THE CORRECT COURT (SUPREME COURT) AFTER JUDGMENT, THE CIVIL COURT JUDGMENT IS VOID AND CANNOT BE ADOPTED BY THE SUPREME COURT (SECOND DEPT).
MOTION TO EXTEND TIME TO SERVE THE SUMMONS AND COMPLAINT PROPERLY GRANTED IN THE INTEREST OF JUSTICE, THE STATUTE OF LIMITATIONS HAD RUN AT THE TIME THE MOTION TO EXTEND WAS MADE (SECOND DEPT).
COUNTY DID NOT DEMONSTRATE PLAINTIFF’S SUICIDE ATTEMPT WAS NOT FORESEEABLE, PLAINTIFF WAS IN THE COUNTY JAIL AT THE TIME, SHE JUMPED OUT OF A SECOND STORY WINDOW, COUNTY’S MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED (SECOND DEPT).
DEFENDANT DEMONSTRATED HE WOULD NOT HAVE PLED GUILTY HAD HIS COUNSEL TOLD HIM DEPORTATION WAS MANDATORY, CONVICTION REVERSED (SECOND DEPT).
Malpractice/Negligence Claims Can Not Be Brought By Party Not In Privity with Law Firm
Failure to Give the “Missing Witness” Jury Instruction Required Reversal of Defense Verdict—Criteria Explained
CHILD PORNOGRAPHY CONVICTIONS REVERSED AS AGAINST THE WEIGHT OF THE EVIDENCE, DEFENDANT DID NOT WAIVE HIS RIGHT TO CHALLENGE THE VOLUNTARINESS OF THE STATEMENT AT TRIAL BY WAIVING A PRE-TRIAL HUNTLEY HEARING (SECOND DEPT).
Termination of Participation in Affordable Housing Program Is Not a Taxable Transfer

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 © 2025 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...