Police Unlawfully Entered Rooming House to Arrest Tenant

Rooming house tenant, who was charged with criminal possession of a weapon and marijuana, asked the court to suppress the evidence based on unlawful entry. The court ruled for tenant and dismissed the case. The police, investigating counterfeit money given to a delivery man in the building, heard loud music and smelled pot from the second floor. The police entered tenant's room through an open doorway leading down a hall and toward the room. Police claimed that the door to tenant's room was open, although tenant stated that the door was closed and was pushed in by the police. The police claimed that marijuana and gun ammunition were in plain view in tenant's room and arrested him. But the interior of the building was part of a dwelling that was tenant's home and the police had no authority to enter the front door without a warrant absent consent or exigent circumstances. A rooming house wasn't an apartment building. It was a dwelling in which access was limited to residents. So the evidence was seized illegally and must be suppressed.

People v. Mitchell: Index No. 1676/11, NYLJ No. 1202564397608 (Crim Ct Queens; 6/20/12; Lebowitz, J)