14 N.Y.3d 440 (2010)
Exigent circumstances, such as a reasonable belief that someone inside a residence is in imminent danger, can justify a warrantless entry into a home, even if the police had time to obtain a warrant previously.
Summary
The New York Court of Appeals held that police officers’ warrantless entry into the defendant’s apartment was justified by exigent circumstances. Although the police had probable cause to arrest the defendant for armed robbery and several days to obtain a warrant, they entered the apartment after a woman inside appeared distressed and unresponsive, leading them to believe she was in danger. The Court emphasized that the ultimate inquiry is whether an urgent need justified the entry, but also noted that obtaining a warrant would have been more prudent.
Facts
A man robbed a Cosi restaurant at gunpoint. An employee, Mangual, identified defendant McBride, a former employee, from a photo array. Mangual gave police a detailed physical description of the defendant. Police learned McBride was on parole and obtained his address. Three days after the robbery, at 11 PM, five officers went to McBride’s apartment. Hearing voices inside, they knocked and identified themselves, but no one answered. Some officers went to the fire escape, peered into a window, and saw a man lying on the floor. The police demanded the occupants open the door. A woman, Mitchell, eventually opened the door, appearing shaken and unable to speak clearly.
Procedural History
McBride was indicted for robbery. He pleaded guilty to attempted robbery after the trial court denied his motion to suppress evidence, arguing the police unlawfully entered his home and the lineup was suggestive. The Appellate Division affirmed the conviction. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether the police violated McBride’s Fourth Amendment right against unlawful search and seizure when they entered his apartment without a warrant.
Holding
No, because exigent circumstances justified the warrantless entry.
Court’s Reasoning
The Court acknowledged that warrantless entries are presumptively unreasonable, citing Payton v. New York. However, exigent circumstances can justify a warrantless entry to effectuate an arrest, provided probable cause exists. Factors indicating exigent circumstances include the gravity of the offense, whether the suspect is armed, probable cause to believe the suspect committed the crime, strong reason to believe the suspect is on the premises, likelihood of escape, and the peacefulness of the entry, citing United States v. Martinez-Gonzalez. Here, the crime was a violent armed robbery. There was strong reason to believe McBride was inside. The Court deferred to the lower courts’ factual findings that the police only entered after Mitchell opened the door and appeared to be in distress. The Court distinguished People v. Levan, noting that the police did not create the exigency. The Court noted it would have been more prudent to obtain a warrant but the presence of exigent circumstances ultimately legitimized the entry. The Court also found the lineup was not unduly suggestive, as the gray hooded sweatshirt worn by McBride was a “generic and common article of clothing.”