Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

NY2: Stabbing victim and blood trail back to apartment were exigency justifying entry

By John Wesley Hall, Jr.

While talking to the victim of a stabbing in an apartment building, the officer determined that the victim lived there despite his denials. There was a blood trail back to the apartment, which the officer followed, finding drugs and drug paraphernalia in the apartment. Under New York’s Mitchell standard, viewed through Brigham City, the People showed sufficient emergency to justify the entry. The officer did not have to know that there was somebody else injured. People v. Rodriguez, 2010 NY Slip Op 6530, 2010 N.Y. App. Div. LEXIS 6617 (2d Dept. August 31, 2010): Emergencies are analytically distinct from other exigent circumstances (see 3 LaFave, Search and Seizure § 6.6, n 6). The Fourth Amendment is concerned with reasonable probabilities (see Hill v California, 401 U...continue to full post

Full post as published by Fourth Amendment on September 05, 2010 (boomark / email).