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E.D. N.Y.: Call to fire department is consent to their entry and plain view

By John Wesley Hall, Jr.

Plaintiff's call to the fire department for assistance is consent to their entry, and a plain view after that was valid. Rose v. Julliano, 2008 U.S. Dist. LEXIS 101094 (E.D. N.Y. December 8, 2008): In addition, Chief Juliano did not need a search warrant to observe building violations that were in plain view of his lawful entry into Plaintiffs' residence. See Arizona v. Hicks, 480 U.S. 321, 325, 107 S.Ct. 1149, 1152, 94 L.Ed.2d 347 (1987) (citing Illinois v. Andreas, 463 U.S. 765, 771, 103 S.Ct. 3319, 3324, 77 L.Ed.2d 1003 (1983)). Therefore, Chief Juliano did not violate Plaintiffs' right against unreasonable searches. Stop of vehicle was justified based on report of a domestic distrubance in it. State v. Clark, 2008 MT 419, 2008 Mont. LEXIS 671 (December 16, 2008)*; State v...continue to full post

Full post as published by Fourth Amendment on December 18, 2008 (boomark / email).