In re Leroy M., 16 N.Y.3d 243 (2011)
Voluntary consent to a search can attenuate the taint of a prior illegal police action if the consent is sufficiently independent of the illegality, considering factors such as temporal proximity, intervening circumstances, the purpose of the misconduct, and the voluntariness of the consent.
Summary
This case addresses whether a sister’s voluntary consent to a search of her home attenuated the taint of an initial, illegal entry by police into the home’s vestibule. The Court of Appeals held that the sister’s unsolicited and voluntary consent to the search, given when she welcomed the officers into the home, attenuated the taint of the initial illegal entry. The court emphasized the sister’s spontaneity and willingness to cooperate, finding that her consent was not exploited from the initial illegality and that the evidence was obtained through means sufficiently distinguishable from the initial unlawful entry.
Facts
A laptop was stolen from a school and tracked to a specific address via tracking software. Police officers went to the address without a warrant and entered the vestibule of the residence without announcing their presence. An officer knocked on an inner door, and the respondent’s sister welcomed them inside, stating she was about to call them because her brother was “acting up.” The sister directed the officers to a room where they found another individual with a laptop. The respondent then entered the room and claimed the laptop, stating it was stolen by a friend.
Procedural History
The Family Court denied the respondent’s motion to suppress the evidence, finding that the sister consented to the entry and adjudicated the respondent a juvenile delinquent. The Appellate Division reversed, holding that the initial entry was unlawful and the consent was not sufficiently attenuated from the illegal entry. The Court of Appeals granted leave to appeal.
Issue(s)
Whether the sister’s voluntary consent to the search of her home attenuated the taint of the police’s initial illegal entry into the vestibule of the home, such that the evidence obtained during the search was admissible.
Holding
Yes, because the sister’s voluntary consent was sufficiently independent of the initial illegal entry, considering the circumstances, to purge the taint of the illegality.
Court’s Reasoning
The Court of Appeals applied the attenuation doctrine, considering factors outlined in People v. Borges and Brown v. Illinois. The court emphasized the sister’s unsolicited welcome to the officers (“Thank God you’re all here”) and her statement that she would have called the police anyway. The court found that her consent was voluntary and not the result of coercion or exploitation of the illegal entry. The Court distinguished this case from others where temporal proximity was dispositive, noting that the sister was not the subject of the police action. The court also stated that the illegal entry—walking into an unlocked vestibule—was not flagrantly intrusive. Quoting Brown v. Illinois, the Court concluded that the evidence was not obtained by exploiting the initial illegality but “by means sufficiently distinguishable to be purged of the primary taint.” Therefore, the sister’s consent attenuated the taint of the illegal entry, and the evidence was admissible.