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WARRANTLESS ENTRY INTO A METH LAB JUSTIFIED BY THE EMERGENCY DOCTRINE, DANGER TO OCCUPANTS (THIRD DEPT).

The Third Department determined the police officer’s (Tobias’s) warrantless entry into a garage which was being used as a meth lab was justified by the emergency doctrine. The officer saw smoke coming from a broken window in the garage and recognized the odor associated with meth production. The officer testified his fear of an explosion and the related danger to the occupants was the reason he entered the garage:

Tobias’ testimony established that his primary reason for entering the garage was not to arrest defendant or to seize evidence. … Tobias testified that, because he knew “[m]eth labs [to be] dangerous” and to pose a “risk of explosions and fires,” both of his entries into the garage were motivated by his concern for the safety of anyone who may have remained inside … . … [W]e find that Tobias’ warrantless entries into the garage were justified by the emergency doctrine … . People v Alberts, 2018 NY Slip Op 03393 [161 AD3d 1298], Third Dept 5-10-18

suppression, suppress

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