Fourth Department – Suppression: People v. Howard

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Suppression — Fruit of poisonous tree — Incriminating nature of evidence

People v. Howard

KA 20-00435

Appealed from Supreme Court, Monroe County

Background: The defendant appealed from his conviction of 20 counts of criminal possession of a forged instrument stemming from his alleged possession of forged checks. He argues that the court erred in refusing to suppress tangible evidence that was the fruit of an unlawful warrantless search of his home.

Ruling: The Appellate Division reversed. The court noted that at the time the police recovered the tangible evidence in question, they did not have a search warrant. While the officers were entering the home lawfully in response to an emergency, the incriminating nature of the seized items were not immediately apparent. The items in question were checks and other items in the defendant’s living room and the police only obtained probable cause after manipulating the checks and moving the checks discovered.

James A. Hobbs, of the public defender’s office, for the defendant-appellant; Martin P. McCarthy II, of the district attorney’s office, for the respondent.

Oral argument video