People v. Guins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Green, J.
The primary issue presented in this case is whether evidence seized by the police, without a warrant, from defendant’s apartment following a fire, should have been suppressed. We agree with defendant that the seizure was unlawful because it exceeded the reasonable limits of the emergency exception to the warrant requirement and the reason for the seizure was to obtain evidence of a crime, which was impermissible in the absence of a search warrant.
At approximately 12:30 a.m., on May 7, 1988, a fire of suspicious origin occurred in defendant’s apartment on the third…
2Cases cited10 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Payton v. New YorkSupreme Court of the United States · 1980
- Mincey v. ArizonaSupreme Court of the United States · 1978
- South Dakota v. OppermanSupreme Court of the United States · 1976
- Michigan v. TylerSupreme Court of the United States · 1978
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