Police Remove Tiger, Alligator from Tenant's Apartment

LVT Number: 19076

Tenant sued the City of New York after police removed a tiger and an alligator from his apartment without a warrant. The police had found tenant injured in his apartment. Tenant claimed that he'd been bitten by a pit bull. Later, the police got a tip, confirmed by a neighbor, that tenant kept a tiger and an alligator in his apartment. The police then removed the animals. Tenant claimed that the police had conducted an illegal search. The court found that there was no emergency calling for the search without a warrant, since tenant's apartment was locked.

Tenant sued the City of New York after police removed a tiger and an alligator from his apartment without a warrant. The police had found tenant injured in his apartment. Tenant claimed that he'd been bitten by a pit bull. Later, the police got a tip, confirmed by a neighbor, that tenant kept a tiger and an alligator in his apartment. The police then removed the animals. Tenant claimed that the police had conducted an illegal search. The court found that there was no emergency calling for the search without a warrant, since tenant's apartment was locked. But the court granted the police immunity because it was reasonable for them to believe they were acting legally.

Yates v. City of New York: NYLJ, 8/16/06, p. 29, col. 3 (S.D.N.Y.; Stein, J)