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Richardson v. McGriff11/15/2000
s having been fired from the apartment.
McGriff stated that, about 10:00, he received a call for "several males, that's the way I heard it, in a vacant apartment, shots fired." He went to the rear of the building and observed "an open, vacant apartment, which was dark and, you know, the door was ajar." He did not enter the building at that point, but instead called for "another unit with a flashlight," and waited for that unit - Officer Catterton - to arrive. McGriff explained that he and Catterton were "side partners" who often responded to calls together, backing each other up, and that they had canvassed many vacant apartments together. Catterton confirmed that he and McGriff were familiar with the apartment development and had, on a number of occasions, discovered vacant apartments there that had been broken into. Catterton said that homeless persons often broke into the vacant apartments, and that the usual procedure in investigating apparent break-ins was to enter the apartment, make certain that no one was there, and ensure that the plumbing was intact. Scrappers, he said, would come in and steal the copper pipes. If everything was in order, they would notify the management that the apartment had been broken into and keep an eye on it for a few days.
The officers first searched an upper apartment and then turned their attention to Apartment T, at the terrace level. McGriff noticed that the door was ajar and that it had signs of forced entry. He said that, at first, he and Catterton thought this was an "average" call that was probably false, but nonetheless required investigation. Catterton said, however, that, even in the vestibule, he could smell the odor of marijuana that seemed to be coming from Apartment T, and he suggested to McGriff that that apartment be checked. Catterton added that his intent was not so much to confront armed individuals as to determine whether there were any victims. It had been his experience that "discharging calls are often followed or lead to the discovery of a victim."
McGriff said that, upon entering the apartment, he announced their presence. Catterton said that the odor of marijuana grew as they entered. He also confirmed that they announced their presence. Hearing no response, they began a systematic, room-to-room search, in Catterton's words, "to ascertain if there was someone secreting themselves or a victim possibly inside of the apartment." Catterton said that, although the apartment was dark, "it wasn't so dark that you couldn't see. There was enough light to navigate by," noting that some street light entered the apartment through the windows. It was stipulated, however, that, at the time of the shooting, the kitchen was "extremely dark." Catterton explained that they did not look for light switches because, in his experience, it was better not to change the environment. The eyes, he said, become accustomed to the dark, but when lights are turned on, "you're blinded temporarily. . . . If it takes two seconds or ten seconds for your eyes to adjust, it's detrimental." At first, McGriff said, they did not even enter the kitchen, but merely "flashlighted" it. Seeing nothing, they turned to leave, but then heard a "bump" come from the room. Petitioner confirmed that there was some kind of "boom" before the officers entered the kitchen.
Upon hearing the "bump," McGriff and Catterton walked inside the kitchen and noted that there was no place, other than the closet, for a person to hide. McGriff obtained the flashlight from Catterton, who moved out of the line of possible fire and put his hand at the top of where the closet door folded, preparing to pull the door open. McGriff got into a position where he would be able to see i
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