OFFICER HARTLEY'S TESTIMONY:
Officer Hartley's testimony (attached) describes his approaching 375 Roxborough Road with McNair's keys around 8 p.m.
HARTLEY: "...I went to the front porch, which was locked. I utilized the keys that were from the traffic stop to access the front porch. Once inside, I attempted to do a knock and talk on location to see if anybody was there and upon doing so, the front door went ajar and an audible alarm inside activated."
A.D.A. Peter Lewis asked: "Did you notice anything about the door knob when you went to do the knock and talk of the inner door?"
A. There wasn't one.
Q. What happened after that?
A. Upon hearing the audible alarm, I yelled inside to the house that the police were on scene. Is anybody inside the house? I didn't hear any movement inside the house. I didn't hear any running. I didn't hear anybody answer. The audible alarm continued. So, I was yelling over the top of that. Upon hearing nothing inside the house, we walked off the porch and our uniform support that was in the area stayed at that location along with my supervisor.
Q. At any point in time did you or anyone else in your presence actually enter the house itself?
Q. What did you do relative to the door that didn't have the doorknob, the inner door?
A. Pulled it closed the best that I could without the door handle.
Q. What happens next?
A. At that point, I left the location with Officer Osipovitch to draft a search warrant for the residence.
Officer Hartley later testifies that a Rochester City Court Judge signed a search warrant for 375 Roxborough Rd. at approximately 10:49 p.m. and that he returned to that home around 11 p.m. Between 8 p.m. and 11 p.m. testimony from Hartley and other police witnesses indicates that the no fewer than four police officers maintained a perimeter around 375 Roxborough Rd. and that nobody witnessed anyone entering or leaving the residence.
The subsequent search of the home after 11 p.m. revealed nobody inside but led to the discovery of drugs, paraphernalia, cash, a gun, and ammunition.