NY, Nassau Co.: Calling housing inspector to scene of fire to see if premises were safe was reasonable

While a residential fire probably caused by a fuel burning appliance was being extinguished, the fire department called a building inspector to determine whether there was another such appliance in the building. Another locked apartment was found there, and they entered to look at it. [And, this court unconstitutionally put the burden of proof on the defendant as N.Y. courts chronically do: “Defendant, however, based on the testimony adduced at the hearing, failed to establish by a preponderance of evidence that the seizure was unlawful. Though the fire had been extinguished, the existence of an emergency had not been negated.” When are NY lawyers going to challenge this?] People v. Denis, 29 Misc. 3d 1150, 909 N.Y.S.2d 325 (Nassau Co. 2010).

Defendant’s motion to suppress the product of a protective sweep was reversed because the officers validly saw items in plain view and then put the observations in a search warrant application and came back for them. Commonwealth v. Matos, 78 Mass. App. Ct. 156, 935 N.E.2d 1285 (2010).*