NY1: Rape report with no information available on suspect justified exigent based entry into his hotel room

Exigent circumstances supported police entry into a hotel room with a manager’s key where a “visibly upset woman” reported a rape in the room by a foreign visitor whom the police feared might flee if they took the time to get a warrant, even a telephonic warrant, because they had no information on the man other than a first name. People v Green, 2013 NY Slip Op 295, 104 A.D.3d 12, 958 N.Y.S.2d 138 (1st Dept. 2013):

Finally, we reject defendant’s argument that his suppression motion should have been granted. The warrantless entry into his hotel room was justified by exigent circumstances (see People v McBride, 14 NY3d 440, 445-446 [2010], …). A visibly upset woman informed the police that she had just been raped and that the foreign visitor who had raped her, and whom she knew only by his first name, was staying in the hotel room. The police had probable cause to arrest defendant for a very serious charge, and they had reason to believe that he was still in the hotel room2. [2 At trial, defendant was acquitted of the rape charge.] Regardless of whether defendant was aware that he was about to be arrested, there was a danger that he might choose to flee (see People v Williams, 181 AD2d 474, 476 [1992], lv denied 79 NY2d 1055 [1992]), or might simply check out of the hotel and return to his native country, rendering him nearly impossible to locate given the lack of pedigree information. Similarly, there was reason to believe that a drug used in commission of the alleged rape was in the room, and that defendant might dispose of it either to destroy evidence or for some other reason.

Additionally, the officers entered the hotel room peaceably, using the manager’s key, and the record does not establish that it would have been practical for the police to proceed by way of a warrant, by telephone or otherwise (see United States v Malik, 642 F Supp 1009, 1012 [SD NY 1986]). After the police entered, defendant gave his written consent to a search of the room, which yielded evidence relating to the reckless endangerment charge of which defendant was ultimately convicted. The People established the voluntariness of that consent by clear and convincing evidence (see generally People v Gonzalez, 39 NY2d 122, 128-131 [1976]), including evidence that the police informed defendant that he had the right to refuse to consent to a search. The record also supports the hearing court’s finding that the consensual search was attenuated from any illegality in the police entry.