99 A.D.3d 947
N.Y. App. Div.2012Background
- 911 call at ~5:00 a.m. reporting a shooting at the defendant’s residence; four officers respond between 5:00–5:10 a.m.
- Defendant found inside bleeding from a hand wound; wife on scene and on 911 call; gun location unknown
- Officers enter the house with guns drawn; defendant is frisked in the living room before any gun is located
- Buttacavoli finds a gun holstered between couch cushions after questioning defendant about gun’s location
- Alvarado searches the backyard and finds a handgun in a black plastic bag near a shed; children are removed from the house
- Later, Pollock and Krill arrive; wife signs a written consent to search; gun retrieved from backyard and other evidence collected
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the emergency doctrine allowed warrantless search of the backyard | People argues emergency existed (ongoing danger) and search not for arrest | Defendant contends emergency not supported once children were secured and gun location known | Held: suppression denied; emergency exception satisfied |
| Whether initial entry into the home was lawful under the emergency scenario | People argues entry justified by 911-confirmed shooting and ongoing emergency | Defendant contends entry was presumptively unlawful absent a warrant | Held: initial entry lawful under emergency doctrine |
| Whether there was a sufficient nexus (prong three) tying the emergency to the area searched (backyard shed) | People argues area searched properly linked to emergency circumstances | Defendant contends no nexus when children were present and not in danger at shed | Held: nexus established; search permissible under emergency doctrine |
Key Cases Cited
- Brigham City v. Stuart, 547 U.S. 398 (U.S. 2006) (police intent irrelevant to Fourth Amendment reasonableness of conduct)
- People v. Mitchell, 39 N.Y.2d 173 (N.Y. 1976) (three-pronged emergency doctrine test for warrantless entries)
- People v. Stanislaus-Blache, 93 A.D.3d 740 (N.Y. 2012) (emergency doctrine applied to multi-officer searches within home)
- People v. Berrios, 28 N.Y.2d 361 (N.Y. 1971) (probative burden in suppression cases; burden of showing legality of conduct)
- People v. Desmarat, 38 A.D.3d 913 (N.Y. 2007) (emergency/limited-scope searches by police in home context)