People v. Molnar
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment affirmed. Memorandum: Supreme Court properly determined that the warrantless entry into defendant’s apartment by the police in response to a foul odor emanating from it was justified under the emergency exception to the search warrant requirement (see, People v Mitchell, 39 NY2d 173, 177-178, cert denied 426 US 953; see also, Mincey v Arizona, 437 US 385, 392-393). A tenant in the building called 911 to report a foul odor coming from the apartment below her apartment. Police officers responding to the call detected a foul odor unlike anything they had previously experienced, which…
2Cases cited8 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- Mincey v. ArizonaSupreme Court of the United States · 1978
- People v. MitchellNew York Court of Appeals · 1976
- State v. EppersonSupreme Court of Missouri · 1978
- State v. ScottSupreme Court of North Carolina · 1996
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3Cited by9 opinions
- People v. MolnarNew York Court of Appeals · 2002
- People v. DollAppellate Division of the Supreme Court of the State of New York · 2012
- Molnar v. PooleDistrict Court, W.D. New York · 2006
- State v. SamuolisSupreme Court of Connecticut · 2022
- DOLL, SCOTT F., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
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