Apartment Used for Illegal Purposes

LVT Number: 10173

The U.S. attorney's office sued to evict hotel tenant for selling drugs from an apartment. The court ruled against the government, and the government appealed. The appeals court reversed and ordered a new trial. The government presented credible police witnesses who watched tenant for six months and then knocked on the door one day. Two men ran away, and one dropped 100 vials of crack cocaine. The police later noticed heightened activity at tenant's unit at the beginning of each month. Tenant later allowed police and U.S.

The U.S. attorney's office sued to evict hotel tenant for selling drugs from an apartment. The court ruled against the government, and the government appealed. The appeals court reversed and ordered a new trial. The government presented credible police witnesses who watched tenant for six months and then knocked on the door one day. Two men ran away, and one dropped 100 vials of crack cocaine. The police later noticed heightened activity at tenant's unit at the beginning of each month. Tenant later allowed police and U.S. marshals to search the apartment; they found 29 vials of crack and arrested tenant for multiple felony drug possession. The government's proof could reasonably lead to a conclusion that the apartment was being used by tenant and others for unlawful purposes.

United States of America v. Dawn: NYLJ, p. 25, col. 3 (11/7/95) (Parness, JP, Miller, McCooe, JJ)