A state appeals panel has reversed a Supreme Court judge’s decision to suppress the rifle, three pounds of cocaine, five pounds of marijuana and $3,000 in cash found in a Queens man’s apartment. In 2006, George Rodriguez called 911 after he was stabbed in the neck and torso. Although he lived in a third-floor apartment, Mr. Rodriguez made the call from the unit of a fifth-floor neighbor. Curious as to why Mr. Rodriguez had not called from his own unit, the police located his apartment, 3L, and discovered blood on the door handle. The officers then instructed the building superintendent to open the door. Once inside they found the gun, drugs and money. Mr. Rodriguez was arrested and charged with several felonies.
In June 2009, Supreme Court Justice Joel L. Blumenfeld granted Mr. Rodriguez’s motion to suppress the evidence found in his apartment, finding that “curiosity” does not constitute sufficient cause for a warrantless search (NYLJ, June 10, 2009). Yesterday, a unanimous Appellate Division, Second Department, panel reversed, applying the three-prong Mitchell test and concluding that the case fell within the Fourth Amendment’s emergency-doctrine exception. “We note that the police officers could reasonably have concluded that, had they left to apply for a search warrant without first entering apartment 3L, they may have been derelict in their duty for the police do not just fight crime but perform ‘varied public service roles,’ including protecting citizens from harm and rendering medical assistance to those already harmed,” the panel wrote in People v. Rodriguez, 2009-05726. “Where the preservation of human life is concerned, it is paramount to the right of privacy.” – Mark Fass
Firm Moves to Dismiss Suit Over Dreier Opinion Letters
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
