PEOPLE v. McKNIGHT (1999)

 County Court properly denied defendant's motion to suppress physical evidence and statements made to the police.   While investigating a 911 report of a burglar alarm at an apartment building, police officers legally entered defendant's apartment and observed but did not seize two loaded automatic weapons as well as cocaine and scales.   Based on their observations, they obtained a search warrant.   Although a warrantless search and seizure generally is presumed to be unreasonable (see, People v. Hodge, 44 N.Y.2d 553, 557, 406 N.Y.S.2d 736, 378 N.E.2d 99), here the officers had reasonable grounds to believe that there was an emergency at the apartment requiring their immediate assistance for the protection of life or property;  thus, the initial entry was not motivated by intent to arrest and seize evidence (see, People v. Mitchell, 39 N.Y.2d 173, 177-179, 383 N.Y.S.2d 246, 347 N.E.2d 607, cert. denied 426 U.S. 953, 96 S.Ct. 3178, 49 L.Ed.2d 1191).

Judgment unanimously affirmed.

MEMORANDUM: