Family Court Order Authorizing Police to Assist ACS on a Welfare Check Did Not Permit Police to Unilaterally Enter the Home's Curtilage

On January 6, 2020, the Appellate Term rejected the People’s attack on a suppression decision issued in the court below. The hearing court had concluded that a Family Court order authorizing the police to assist the Administration for Children’s Services in a child welfare check was “narrow” such that it “did not permit police to then ‘unilaterally’ walk down a 70-100 foot alleyway adjacent to the defendant’s house and enter his enclosed backyard,” from which the police seized evidence. The appeals court upheld the hearing court’s determinations in full. Kate Skolnick and pro bono counsel Jessica Laguerre of Arnold & Porter represented KD.