People v. Molnar

I respectfully dissent. “[0]ur Constitutions accord special protection to a person’s expectation of privacy in his own home” (People v Knapp, 52 NY2d 689, 694, citing NY Const, art I, § 12 and US Const 4th, 14th Amends). The warrantless intrusion by the police into defendant’s apartment was presumptively unreasonable and unconstitutional unless it was justified by a recognized exception to the warrant requirement (see, People v Knapp, supra, at 694; People v Walker, 198 AD2d 785, 787). Contrary to the majority, I do not believe that the police action was justified under the emergency…