People v. Crawford

In People v. Crawford, 298 AD2d 850 (App. Div. 2002) firefighters combating a blaze in an apartment building broke into defendant's apartment to check if the fire had spread to it after no one answered their attempts to summon the occupants by knocking at the door. (Crawford at 618.) A police officer on scene, after learning that the firefighters had broken into the apartment, watched from the doorway as they ventilated smoke from it.(Id.) The officer then entered the apartment to determine whether or not any property damage had occurred and then observed what appeared to be bags of crack cocaine lying in plain view on a pantry shelf (which the officer had seen from the doorway but couldn't identify). (Id. at 618-619.) The court, in upholding the officer's search of the apartment and seizure of the cocaine, emphasized the good faith nature of the officer's conduct: "Here, the firefighters observed the items [contraband] on the pantry shelf shortly before the police arrived, but, unlike in Guins, did not inform the police that those items were present in the apartment. Thus, the People established that the police officer did not enter the apartment to effect a seizure of the items observed in plain view on the shelf ... but, rather, entered the apartment based upon her reasonable belief that the fire in the apartment below might have caused property damage." (Id.)