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Defendant could not be charged with obstruction for not permitting entry for arrest of another where there was no search warrant

By John Wesley Hall, Jr.

Defendant could not be charged with obstruction for not permitting officers entry into this apartment for execution of an arrest warrant on another because he had a right to insist on a search warrant under Steagald if it was his apartment. The charging document had to allege sufficient facts to show that the entry was permitted to support the charge, and this one did not. People v. Rodriquez, 2008 NY Slip Op 28047, 2008 N.Y. Misc. LEXIS 445 (N.Y. Co. Crim. Court February 13, 2008) (Comment: The way this opinion reads, the gap in the proof gives the prosecution the opportunity to allege sufficient facts to at least make the charge stick, if they have them.). Furtive movement of reaching toward one's back can alone be reasonable suspicion when the officer is alone and outnumbered...continue to full post

Full post as published by Fourth Amendment on February 19, 2008 (boomark / email).