Tenant Authorized Apartment Search that Led to Man's Arrest

Police arrested a man for possession of a firearm after searching him in tenant's apartment and finding a gun in his pants pocket. The man asked the court to suppress the gun from evidence, claiming that the police acted improperly and didn't give him a Miranda warning. The court ruled against the man. Tenant had gone to the police station and complained that the man, who was a distant relative, was acting in a threatening way and was waving the gun. She also said he had a criminal history and may be wanted for a crime out of state. She signed a consent form authorizing a forced search and asked the police to remove him from her apartment. The police entered the apartment, found the man on the fire escape, brought him back into the apartment, and frisked him. They then asked him if he had a weapon and where it was. The man said it was in his pants pocket. The police had permission from tenant to enter and search the apartment, and the man tried to flee. Police were justified in searching the man based on the information they had, under the public safety exception to the Miranda warning requirements.

United States v. Laster: NYLJ, 7/2/07, p. 22, col. 3 (S.D.N.Y.; Keenan, J)