What Factors Does a New York Court Consider in Applying the Emergency Exception to a Warrantless Search?

It is well-established in the United States that individuals have a constitutional right to privacy in their homes. Experienced New York criminal defense lawyers screen cases for illegal searches and seizures.  Under certain circumstances, though, police officers can obtain warrants from a court and search a private dwelling as part of a criminal investigation. In general, without having obtained a warrant, officers are not allowed to search an individual’s home. There is, however, an exception. In emergency situations, officers are allowed to go into a person’s private residence without a warrant.

Six Factors to Apply

What is an emergency situation? Case law in New York says that officers should consider the following six factors when deciding whether to enter a home without a warrant: the violent nature of the alleged crime; the possible involvement of firearms; the likelihood that a crime has occurred; whether the suspect might be inside the home; the likelihood of the suspect escaping; and the possibility of a peaceful entry.

Ideally, an officer will weigh these factors before entering a home without a warrant. If (and only if) the six factors cause an officer to reasonably believe that an emergency exists, that officer can enter a private dwelling without a warrant. Because an officer will likely not be weighing each factor carefully during what the officer believes to be an emergency, it is the trial court’s job to later review these factors and determine whether the officer’s frame of mind lined up with the factors.

Takeaways

What does this mean for you? In short, an officer should not be allowed to enter your home without first going through the work of asking a judge for permission. However, there might be times an officer barges into your home, claiming this emergency exception to the normal rule.  It is important that you not consent to the entry or the search because if you do, a judge may later rule that the evidence should be suppress because you consented to the search.

If this has happened to you, know that you have legal rights that need to be protected. One option you have moving forward is to file a motion to suppress, asking the court to suppress any incriminating evidence that an officer found because of an illegal search. If you would like to file a motion to suppress, you will need a high-quality New York violent crimes attorney that can take the time to understand your situation and apply your circumstances to current case law.

Do You Need a New York Violent Crimes Attorney?   

If you or a loved one is facing a criminal charge in the state of New York, know that you don’t have to go it alone. When so much is on the line, you need high quality representation, and we are proud to offer that representation at Tilem & Associates. Our team of New York violent crimes attorneys works relentlessly to get our clients’ charges dropped, no matter the severity or complexity of the charges. If you want the most aggressive and experienced team of defense attorneys on your side, contact our office as soon as possible.

For a free and confidential consultation with a New York violent crimes attorney at Tilem & Associates, give us a call as soon as possible to discuss your case at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach back out as soon as possible regarding next steps.