People v. Krinitsky

Defendant was charged with drug possession and intent to deliver offenses. Court properly granted Defendant's motion to dismiss, quash arrest, and suppress evidence. State did not meet its burden of proving that exigent circumstances existed to justify entry into Defendant's apartment for warrantless search. It was unreasonable for police to not even attempt to get a warrant when they knew the time, place, quantity, and price of the arranged transaction and had at least 11 hours to secure a warrant. (CONNORS and SIMON, concurring.)