Arrest Warrant Didn't Authorize Police to Enter Apartment

March 31, 2008

LVT Number: #20306

The police arrested tenant after he refused to open the door for them. The police had an arrest warrant for someone else they believed was in the apartment at the time. The police charged tenant with obstruction, claiming that tenant interfered with their ability to execute the arrest warrant. Tenant claimed that he wasn't guilty. The court ruled for tenant and dismissed the charge of obstruction. The police had no search warrant for tenant's apartment. They had only the arrest warrant. But they didn't claim that the person they wanted to arrest lived in the apartment.

The police arrested tenant after he refused to open the door for them. The police had an arrest warrant for someone else they believed was in the apartment at the time. The police charged tenant with obstruction, claiming that tenant interfered with their ability to execute the arrest warrant. Tenant claimed that he wasn't guilty. The court ruled for tenant and dismissed the charge of obstruction. The police had no search warrant for tenant's apartment. They had only the arrest warrant. But they didn't claim that the person they wanted to arrest lived in the apartment. The police also didn't announce their purpose and authority before they ordered tenant to open the door. For all of these reasons, the police demand was unauthorized and tenant couldn't be charged.

People v. Rodriquez: NYLJ, 3/14/08, p. 29, col. 3 (Crim. Ct. NY; Koenderman, J)

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