Which is NOT a condition for warrantless searches under NY law?

• A. Emergency exists
• B. Search not primarily for arrest
• C. Reasonable basis to connect emergency to the area
• D. A warrant is required for the search

Answer: (D)

Under New York law, warrantless searches are permitted only in limited emergency situations where there is an actual need to protect life or safety or to prevent imminent harm. This requires that an actual emergency exists and that the search is related to addressing that emergency, not simply pursuing an arrestee. There must also be a reasonable basis to connect the emergency to the area being searched, showing the danger is localized to that area.

The statement that a warrant is required for the search is not a condition that supports a warrantless search; in fact, it would negate the basis for the exception. If a warrant is needed, the search would not qualify as warrantless under this exception.