Justice Matthew D’Emic
Giraud, accused of rape, sought to suppress evidence seized claiming unlawful police entry into his home. Complainant informed officers at the precinct she was assaulted, raped, and threatened with a machete. She identified the suspect and officers obtained a photograph. Upon arriving at the given address, in an open lot with industrial vehicles, officers observed a man look out a window, but no one answered the door. The officers were let into the building by someone with keys after verifying defendant lived there. They recovered a machete lying on the floor as they approached a staircase. Officers entered the second floor and found Giraud hiding in a closet. The court noted the narrow exception to the warrant requirement included if exigent circumstances permitted entrance into a home without a warrant. It ruled, under the circumstances, it would have been impractical for police to attempt getting a warrant when confronted with a situation in which defendant was clearly hoping to avoid capture, and escape. As exigent circumstances existed, same permitted police entry into Giraud’s home to arrest him without a warrant. Thus, as police entry was lawful, and the property seized was in plain view, suppression was denied.
