PEOPLE v. RIELLY


190 A.D.2d 695 (1993)

The People of the State of New York, Respondent, v. Albert F. Rielly, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 1, 1993


Ordered that the judgment is affirmed.

Although the United States Supreme Court has rejected the notion of a homicide-scene exception to requirements for a search warrant, that Court has held that when the police come upon the scene of a homicide, they may, under the "emergency" doctrine, make a prompt warrantless search of the area to see if there are other victims or if a killer is still on the premises. They may also seize any evidence that is in plain view during...

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