People v. Harris

141 A.D.3d 1024, 34 N.Y.S.3d 798
Appellate Division of the Supreme Court of the State of New York·Decided July 28, 2016·No. 106323·Published·Cited by 6 cases

Opinions

Rose, J.

Appeal from a judgment of the County Court of Chemung County (Keene, J.), rendered October 21, 2013, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

When police officers responded to a call regarding a disturbance at an apartment, they arrived at the door and heard the sounds of a physical altercation inside. The officers opened the unlocked door, entered the apartment and broke up a fight between two male residents. The perceived aggressor was restrained, handcuffed and placed in a sitting position on the floor in the hallway next to the living room while the apparent victim was asked to sit on the couch while both were questioned. Defendant emerged from the bathroom and also sat on the couch at the request of the officers, who continued their questioning regarding the incident. The officers then heard the sounds of another person and, when asked, defendant indicated that his wife was in the back bedroom, which the victim said was rented to defendant. While the other officers remained in the living room, one of the officers conducted a sweep of the apartment. After looking in the bedrooms that opened directly into the living room, the officer proceeded into the kitchen where he knocked on defendant’s locked bedroom door and directed defendant’s wife to “open the door.” After indicating that she had to get dressed, she emerged and complied with the officer’s request to go into the living room to join her husband and the victim on the couch. At that point, the officer [1025]*1025smelled a chemical odor that he did not recognize emanating from the bedroom. He then entered the bedroom and saw bottles of rubbing alcohol and a gallon jug of distilled water. Seeing a shirt covering something up on the floor, he lifted it up and observed a pot of liquid on a hotplate that he believed to be used to make methamphetamine (hereinafter the meth lab). Only then was everyone present frisked for weapons. Investigators were called and, while still inside the apartment, defendant was questioned by investigators who elicited incriminating admissions. He was then removed from the apartment and taken to a police station where he signed a written statement. Based upon the officer’s observations inside the back bedroom, a search warrant was issued and executed, and a quantity of methamphetamine together with the equipment and materials used to produce it were seized.

Defendant was indicted on charges of criminal possession of a controlled substance in the second degree, unlawful manufacture of methamphetamine in the third degree and criminal possession of a controlled substance in the seventh degree. Following a suppression hearing, County Court (Hayden, J.) denied defendant’s motion to suppress both the physical evidence and his statements to police. Defendant thereafter accepted a plea agreement pursuant to which he pleaded guilty under the top count of the indictment to the lesser included offense of criminal possession of a controlled substance in the third degree, and he was sentenced, as a second felony offender, to the agreed-upon prison term of 3V2 years with three years of postrelease supervision.

On appeal, defendant contends that County Court erred in denying his motion to suppress the physical evidence and his statements to police. Specifically, with regard to the evidence recovered from his bedroom, defendant argues that the entry into and search of his bedroom were illegal and, thus, the police were not lawfully in his bedroom when they made the observations that formed the basis for the search warrant application, requiring that the evidence be suppressed. We agree.

While warrantless searches of a home are presumptively unreasonable under the Fourth Amendment (see US Const 4th Amend; Kentucky v King, 563 US 452, 459 [2011]), defendant does not dispute that exigent circumstances justified the officers’ initial entry into the apartment without a warrant, as they had reasonable grounds to believe that there was an altercation occurring and, thus, an immediate need to render assistance inside the apartment (see People v Musto, 106 AD3d 1380, 1381 [2013], lv denied 21 NY3d 1007 [2013]; see also [1026]*1026Brigham City v Stuart, 547 US 398, 403-404 [2006]; United States v Simmons, 661 F3d 151, 157 [2d Cir 2011]). Rather, the question is whether, on these facts, the officers were entitled to enter and look under clothing in defendant’s bedroom as part of a protective sweep, which “is a quick and limited search of premises . . . conducted to protect the safety of police officers or others. It is narrowly confined to a cursory visual inspection of those places in which a person might be hiding” (Maryland v Buie, 494 US 325, 327 [1990]; see United States v Hassock, 631 F3d 79, 86-88 [2d Cir 2011] [collecting cases]; see also People v White, 259 AD2d 400, 401 [1999], lv denied 93 NY2d 1029 [1999]). Recognizing the dangers faced by police officers who enter homes, the Supreme Court of the United States has held that officers may, “as a precautionary matter and without probable cause or reasonable suspicion, look in closets and other spaces immediately adjoining the place of arrest from which an attack could be immediately launched” (Maryland v Buie, 494 US at 334). Beyond that precautionary measure, the Court held that, to conduct a further protective sweep, “there must be articulable facts which, taken together with the rational inferences from those facts, would warrant a reasonably prudent officer in believing that the area to be swept harbors an individual posing a danger to those on the arrest scene” (id. at 334).

Here, the suppression testimony established that the officers responded to a general disturbance call at 7:30 a.m. and immediately stopped a fist fight between two male roommates. The officers subdued and cuffed the aggressor and placed the victim on the couch, bringing the situation under their control. While the two continued to argue, they made no further aggressive moves. No guns or weapons were observed, no blood or serious injuries were noted and no one was seen or heard fleeing when police entered the apartment. When asked at the outset, the victim asserted only that the aggressor had hit him and should be arrested. When defendant exited the adjacent bathroom, he did not run out of the apartment or to his bedroom but, rather, he was compliant, provided his name and did as requested. When asked, defendant disclosed that his wife was in his bedroom. No one present reported that others had been involved in the altercation and no facts were alleged by the officers to support a belief that a third person had been involved or was hiding in the apartment and posed a danger to those present. Significantly, no one was patted down for weapons until after the search of defendant’s bedroom.

Although the officers were informed that defendant’s wife [1027]*1027was in the back bedroom, there was no basis upon which to believe that she had been involved in or was a witness to the altercation, that she posed a threat to them or that there were weapons in that or any other room (compare People v Kims, 24 NY3d 422, 427, 439-440 [2014]; People v Gibson, 117 AD3d 1317, 1319-1320 [2014], affd 24 NY3d 1125 [2015]; People v Musto, 106 AD3d at 1382; People v Lasso-Reina, 305 AD2d 121, 122 [2003], lv denied 100 NY2d 595 [2003]). The officers never testified that they asked those present any questions to ascertain if there were other witnesses or participants.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Harris, 141 A.D.3d 1024, 34 N.Y.S.3d 798 (N.Y. Ct. App. 2016).

141 A.D.3d 1024 (People v. Harris) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Hadlock
193 N.Y.S.3d 382 (Appellate Division of the Supreme Court of New York, 2023)
People v. Paul
162 N.Y.S.3d 207 (Appellate Division of the Supreme Court of New York, 2022)
People v. Durfey
2019 NY Slip Op 1855 (Appellate Division of the Supreme Court of New York, 2019)
People v. Sears
2018 NY Slip Op 4980 (Appellate Division of the Supreme Court of New York, 2018)