ROCHESTER, NEW YORK — Breaking into a house isn't the sort of you'd associate with law enforcement but last November a cop told a man to do just that.
Rochester Police were responding to a domestic dispute between the man and his ex-girlfriend. According to the Democrat and Chronicle, the man wanted to get some of his belongings.
The paper reports that Officer Korey Mcnees told the man he was within his rights to break into the apartment. After smashing the window, a woman can be seen aiming a rifle out of it.
The woman aiming the weapon was identified as Catherine Bonner. Bonner said her ex ran over her foot following an argument the night before, something he denies. He's not identified in reports because he wasn't charged.
Bonner meanwhile is facing charges for menacing a police officer.
The incident was the subject of a New York Supreme Court Case earlier this week during which the judge said the cop's advice was wrong and went against police policy.
The judge said how the cops responded to the rifle was unlawful and should be suppressed, local NBC affiliate WHEC News 10 reported.
The judge added, according to WHEC News 10, that Bonner wasn't read her Miranda rights either and only consented to search after cops began searching unlawfully to find the gun.
WHEC News 10 reports it's unclear whether the charges against her will be dropped.
Rochester Police were responding to a domestic dispute between the man and his ex-girlfriend. According to the Democrat and Chronicle, the man wanted to get some of his belongings.
The paper reports that Officer Korey Mcnees told the man he was within his rights to break into the apartment. After smashing the window, a woman can be seen aiming a rifle out of it.
The woman aiming the weapon was identified as Catherine Bonner. Bonner said her ex ran over her foot following an argument the night before, something he denies. He's not identified in reports because he wasn't charged.
Bonner meanwhile is facing charges for menacing a police officer.
The incident was the subject of a New York Supreme Court Case earlier this week during which the judge said the cop's advice was wrong and went against police policy.
The judge said how the cops responded to the rifle was unlawful and should be suppressed, local NBC affiliate WHEC News 10 reported.
The judge added, according to WHEC News 10, that Bonner wasn't read her Miranda rights either and only consented to search after cops began searching unlawfully to find the gun.
WHEC News 10 reports it's unclear whether the charges against her will be dropped.
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