The search of a Franklin County apartment for a woman sought by state police, who kicked open the door even though the occupant said the woman was not there, was permissible, a divided appeals court has ruled. A 3-2 Appellate Division, Third Department, panel held that the three state troopers, who had a warrant for the arrest of Kimberly Laroe, had reasonable doubts about the truthfulness of statements Tiray M. Paige made at the door that Ms. Laroe was away in Plattsburgh to justify entering the unit by force. Mr. Paige was charged with obstructing governmental administration and possession of cocaine, which troopers found in a bedroom. He was sentenced to 10 years in prison after a jury trial in Franklin County Court.
But the two dissenters said in People v. Paige, 103053, that the search was a violation of the Fourth Amendment of the U.S. Constitution because the troopers did not have a basis for a “reasonable belief” that Ms. Laroe was in the apartment when they broke open the door and searched the unit. The dissenters said Mr. Paige was within his rights, after twice denying that Ms. Laroe was there, to refuse to let the officers in and slam the door on them.
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