In People v. Christianson , Douglas Christianson was charged with criminal possession of marijuana in the second degree and unlicensed growing of cannabis.
Fire officials, who were called to Christianson's mobile home to extinguish a fuel-oil fire, had problems ventilating the area due to boarded-up windows and a padlocked interior exit door.
When the Fire Chief called in a Sheriff's Deputy to assess the fire's cause, the latter noticed a nug of marijuana resting on a coffee table.
After the Deputy demanded and secured access to the padlocked area -- where several marijuana plants and cultivation equipment were uncovered -- Christianson made incriminating statements to the officer.
Once the Wayne County Court convicted Christianson, who pled guilty to both the possession and growing charges, he appealed to the Appellate Division, Fourth Department.
While warrantless searches and seizures are available when there is "an immediate danger to life or property," the AD4 didn't think that exception applied to this case.
Since the fire had been extinguished by the time the Sheriff's Deputy arrived, and no emergency situation existed, the AD4 felt compelled to reverse the conviction and sent the case back for retrial -- but, this time, Christianson's plants, growing materials, and incriminating statements can't be used as evidence or introduced at that hearing.
Bet Christianson found that just spliffy.
To download a copy of the Appellate Division's decision, please use this link: People v. Christianson