NY4: Fire started during police standoff was exigency

Starting a fire during a police standoff is an exigent circumstance permitting a police entry after the fire was put out. “The entry and search occurred immediately after firefighters extinguished the fire that defendant had set during a standoff with police and were undertaken to determine whether there were other individuals present in the home who may have been injured by the fire.” People v. Garno, 2020 NY Slip Op 03311, 2020 N.Y. App. Div. LEXIS 3415 (4th Dept. June 12, 2020).

Disputes of fact precluded summary judgment in excessive force claim. The officer said the driver swerved at him and he didn’t shoot after the threat subsided, but there were bullet holes in the side of the car. Stoddard-Nunez v. City of Hayward, 2020 U.S. App. LEXIS 18351 (9th Cir. June 10, 2020).*

This entry was posted in Emergency / exigency, Qualified immunity. Bookmark the permalink.

Comments are closed.