Crime scene entry was valid as extension of original emergency

Applying N.Y.’s long standing Mitchell rule on emergency entries, the court finds the entry in this case was valid because of a dead body. More significantly, however, the court held that the crime scene unit’s stay was permissible under the original entry. People v. Desmarat, 2007 NY Slip Op 2773, 2007 N.Y. App. Div. LEXIS 4054 (2d Dept. March 27, 2007):

Moreover, the crime scene unit’s subsequent recovery of evidence from the motel room did not exceed the scope and duration of the emergency (see People v George, 7 A.D.3d 810, 811, 776 N.Y.S.2d 883; cf. People v Cohen, 87 A.D.2d 77, 82-83, 450 N.Y.S.2d 497, affd 58 N.Y.2d 844, 446 N.E.2d 774, 460 N.Y.S.2d 18, cert denied 461 U.S. 930, 103 S. Ct. 2092, 77 L. Ed. 2d 302), inasmuch as Room 210 was secured while officers waited for the crime scene unit, which arrived within several hours and then seized the ripped currency, ripped sheet, and blood evidence that was in plain view (see People v George, supra; see also People v Brown, 96 N.Y.2d 80, 89, 749 N.E.2d 170, 725 N.Y.S.2d 601). While the newspapers from which the police later obtained the defendant’s fingerprints may not have been lawfully seized under the plain-view doctrine because their incriminating nature was not immediately apparent, the information derived from them — that the defendant was the occupant of Room 210 — was, in fact, subsequently obtained by the police from a variety of independent sources (see People v Goodwin, 286 A.D.2d 935, 733 N.Y.S.2d 319; see generally People v Arnau, 58 N.Y.2d 27, 32-33, 444 N.E.2d 13, 457 N.Y.S.2d 763, cert denied 468 U.S. 1217, 104 S. Ct. 3585, 82 L. Ed. 2d 883). Accordingly, suppression of the physical evidence was properly denied.

Pulling an unmarked car up behind the car in which defendant was a passenger and then requesting [demanding?] defendant’s identification was a seizure under the Fourth Amendment because the defendant would not objectively feel free to leave. City of Roswell v. Hudson, 2007 NMCA 34, 141 N.M. 261, 154 P.3d 76 (2007).

Lack of reasonable suspicion for a probation search was not argued to the trial court, and it is deemed waived for appeal. Bamberg v. State, 953 So. 2d 649 (Fla. App. 2d Dist. 2007).*

Defendant was stopped and asked for his identification, which he could not immediately produce. The officer arrested him for failure to provide identification. The appeals court held, however, that the officer should have asked the defendant for his social security number so his name could be run before arresting him. Therefore, the arrest was invalid, and so was the search incident. State v. Green, 2007 Ohio 1459, 2007 Ohio App. LEXIS 1333 (8th Dist. March 29, 2007).*