CA2: The officer’s perceptions were reasonable that entry into defendant’s backyard was necessary

“Nor can we say that Galligan’s enforcement action was clearly unlawful. The undisputed facts of this case demonstrate that Plaintiffs kept a variety of unusual objects in their backyard, causing it to resemble a junkyard. The question is not whether the Plaintiff’s activities actually created an emergency, but whether a reasonable official could have perceived one. We therefore need not resolve the contested questions of fact the district court identified to conclude that, even assuming arguendo that all such questions are resolved in Plaintiffs’ favor, a reasonable official could have concluded that Plaintiffs’ activities posed an urgent threat to the community and, as a result, that action under the relevant provision of the anti-blight ordinance was appropriate.” Williams v. Galligan, 2021 U.S. App. LEXIS 2913 (2d Cir. Feb. 3, 2021).*

The frisk of defendant resulted in the officer reaching into the back of his pants to remove an object defendant clenched there. It was justified and reasonable under all the circumstances. United States v. Peters, 2021 U.S. App. LEXIS 2915 (2d Cir. Feb. 3, 2021).*