People v. Christianson

In People v. Christianson, 57 A.D.3d 1385, 869 N.Y.S.2d 723, 724 (NY App. Div. 2008) a fire chief conducting a post-fire search of defendant's residence invited a sheriff's deputy to the scene to render a second opinion regarding other safety concerns unrelated to the fire's cause, including a locked interior door. Christianson at 1386-1387. After entering the home, the deputy noticed marijuana on a coffee table and immediately demanded that defendant, who was present, allow him into the area behind the locked door. Id. Defendant complied and the deputy found a marijuana grow behind the door. Id. at 1387. The court refused deputy emergency exception protection, reasoning that, "at the time the Sheriff's Deputy arrived at defendant's home, the fire officials had extinguished the blaze, ventilated the home, and determined the origin of the fire" and that the other safety concerns "did not pose an immediate threat to defendant and thus do not fall within the purview of the emergency exception to the warrant requirement." Id.