NY2: When def was removed from apartment building without gun he carried in, reentry to retrieve it was unreasonable

Officer saw defendant in the middle of the street talking irately on his cell phone. They approached and he ran. When he was running, they could see a gun in his belt. They followed to his apartment. The ESU was called for an extraction. “Eventually there were 20 to 25 officers at the scene. The ESU officers put on heavy protective vests and helmets, and some carried bunker shields and a sub-machine gun. The ESU officers entered the defendant’s house and cleared the basement and the first floor, finding no persons on either floor. Before they ascended to the second floor, the defendant appeared at the top of the staircase and surrendered. He came down the stairs and was searched, arrested, and removed from the house. No weapon was recovered from his person. The ESU officers then searched the second floor for other persons, and upon finding none, exited the house.” The other officers came back in and searched it finding drugs. The warrantless search of the apartment was unreasonable. The place was empty and the police knew it. Nobody posed a threat. Even posing hot pursuit as a theory, that is rejected because the pursuit was well over. People v. Scott, 2015 NY Slip Op 08445, 2015 N.Y. App. Div. LEXIS 8541 (2d Dept. Nov. 18, 2015).