People v. Dillon
Opinion of the Court
Ordered that the judgment is affirmed.
On the evening of June 15, 2005 volunteer firefighters from the North Babylon Fire Department responded to a 911 call and discovered a strong fuel odor emanating from a locked factory being leased by the defendant. The fire chief (hereinafter the chief) at the scene called his dispatcher to have a building representative appear and although the chief testified he could have forcibly entered the premises, he decided to wait for a keyholder in order to avoid unnecessary damage to the building. Once the defendant arrived, he unlocked the door, entered the building, and quickly shut the door. When the chief opened the unlocked door and entered the vestibule of the building, the defendant told him to get out. The chief then instructed the defendant to leave because he believed there was a hazardous material spill in the building, to which the defendant replied that he had spilled some diesel fuel and would clean it up himself. The chief continued to enter believing that the defendant wanted to prevent him from seeing how much fuel had spilled, but the defendant physically barred the way and a physical confrontation ensued. The chief requested that the police officers already at the scene remove the defendant and then ordered his firefighters to search the building to find the source and quantity of the leak. One team of firefighters discovered an electrical generator and a small spill of diesel fuel while another team entered a locked room and discovered a hydroponics grow room containing marijuana. Based on the firefighters’ observations, the police obtained a search warrant, searched the factory, and seized the marijuana. After a suppression hearing, the County Court ruled that the entry and search by the firefighters was proper under the emergency exception to the warrant requirement, applying the three-part test required by People v Mitchell (39 NY2d 173 [1976], cert denied 426 US 953 [1976]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.