People v. Cohen, 58 N.Y.2d 844 (1983)
Once initial consent to enter premises is withdrawn or expires, subsequent re-entries by police without a warrant or valid emergency justification are unlawful, even during a homicide investigation.
Summary
Following a reversal of the defendant’s conviction due to evidentiary errors, the defendant moved to suppress evidence obtained during multiple searches of her home. The initial entry was consensual, but subsequent entries the following day were conducted without a warrant. The County Court granted the motion to suppress, finding no emergency justified the re-entries and that the initial consent did not extend to later searches. The Appellate Division affirmed. The New York Court of Appeals affirmed, holding that absent a warrant or valid emergency, the re-entry and subsequent search were unlawful, even in a homicide investigation.
Facts
Police officers initially entered the defendant’s home with her consent. The next morning, and on subsequent occasions, police re-entered the premises without obtaining a warrant. The defendant had been convicted, but that conviction was reversed due to evidentiary errors committed at trial.
Procedural History
The County Court initially convicted the defendant, but the Court of Appeals reversed the conviction (50 N.Y.2d 908). Upon remand, the defendant moved to suppress evidence obtained during the searches. The County Court granted the motion to suppress. The Appellate Division affirmed the County Court’s decision. The New York Court of Appeals then reviewed the Appellate Division’s affirmance.
Issue(s)
Whether, absent a warrant or exigent circumstances, police re-entry into a home after an initial consensual entry is permissible solely on the basis that a homicide investigation is underway.
Holding
No, because absent a warrant, the re-entry was not sanctioned, without more, by the mere fact that a homicide was being investigated.
Court’s Reasoning
The Court of Appeals emphasized that the County Court had expressly found that the defendant’s consent to the initial entry did not extend to subsequent entries and that there was no emergency justifying the re-entry. These findings were supported by the record and affirmed by the Appellate Division, precluding further review by the Court of Appeals. The Court relied on Mincey v. Arizona, 437 U.S. 385, and People v. Knapp, 52 N.Y.2d 689, 694, to support its holding that a homicide investigation, without more, does not justify a warrantless search. The court stated: “absent a warrant, the re-entry was not sanctioned, without more, by the mere fact that a homicide was being investigated”. The court explicitly declined to rule on the County Court’s alternative theory regarding the defendant’s ability to waive her rights without counsel present after retaining counsel, emphasizing that the suppression order was justified based on the unlawful re-entry alone. The court noted that there was no abuse of discretion in entertaining the motion to suppress for the first time upon remand (cf. People v. Fuentes, 53 NY2d 892).