The following excerpt is from People v. Rotella, 62 Misc.3d 439, 87 N.Y.S.3d 859 (N.Y. Cty. Ct. 2018):
The investigator began questioning the defendant within fifteen minutes of numerous police officers entering the home with guns drawn and sequestering the occupants into a single room by ordering them to do so in a command voice. Defendant's movements were limited in scope by the very nature of numerous armed police officers executing the search warrant. Having their guns drawn upon entry, maintaining those weapons during the search, utilizing a command voice in gaining the occupants' compliance, and sequestering the occupants in a single area to limit their movements all are justified to enure the safety of the officers, as well as to maintain the integrity of the location being searched. However, those same actions also have a bearing on whether the occupants of the residence would have reasonably believed they were free to leave. Based upon the facts and circumstances presented herein, including the overwhelming police presence, a "reasonable, innocent person would not have felt free to leave at the time that defendant" was questioned by the police ( People v. Baggett , 57 A.D.3d 1093, 1094, 868 N.Y.S.2d 423 [3rd Dept., 2008] ). Defendant's interrogation occurred during a search under authority of a search warrant,
[87 N.Y.S.3d 862]
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