132 Conn. App. 473
Conn. App. Ct.2011Background
- Defendant Said Kendrick was found in a third-floor bedroom of 239 Knickerbocker Avenue after a warrantless entry by New Jersey and Stamford police.
- Police entered the bedroom with Blanca Valvo’s consent, without a Connecticut arrest or search warrant.
- Two black males were in the bedroom; Kendrick was lying on a mattress and Spurgeon was nearby.
- Backpack containing what appeared to be a revolver was found after Kendrick reached for something near the bed.
- The backpack and items found during the search were later used to convict Kendrick of criminal possession of a firearm.
- The trial court denied Kendrick’s suppression motion; the appellate court reversed, holding exigent circumstances did not justify the entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exigent circumstances justified the warrantless entry | State argues exigency due to armed, dangerous suspect | Kendrick argues no particularized, imminent danger; no Singer presence proven | Exigent circumstances not shown; suppression warranted |
Key Cases Cited
- Payton v. New York, 445 U.S. 573 (U.S. 1980) (entry into a home without a warrant generally unlawful unless exigent circumstances)
- State v. Guertin, 190 Conn. 440 (Conn. 1983) (exigency framework in Connecticut criminal procedure)
- State v. Aviles, 277 Conn. 281 (Conn. 2006) (overnight guest entitlement to privacy; exigency analysis in similar context)
- State v. Gant, 231 Conn. 43 (Conn. 1994) (probable cause and exigent circumstances in home entry)
- State v. Ryder, 301 Conn. 810 (Conn. 2011) (evidence suppression standard and attenuation of taint)