{"id":4444,"date":"2011-01-11T15:23:04","date_gmt":"2010-07-17T12:24:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-17T12:24:47","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4444","title":{"rendered":"NY Nassau: Landlord has standing to challenge code enforcement searches"},"content":{"rendered":"

A landlord has standing to challenge city housing code violations even though he was not in possession of the property. Also, a search warrant could not be issued for property because the vehicles outside have different surnames as owners as tending to show two families reside in a single family dwelling. People v. All State Properties, LLC<\/a>, 2010 NY Slip Op 20275, 29 Misc. 3d 201, 907 N.Y.S.2d 549 (Nassau Co. 2010):<\/p>\n

The defendant’s motion also seeks to have evidence suppressed because evidence in the form of observations was obtained in violation of the Fourth Amendment of the United States Constitution. The prosecution argues that the defendant lacks standing to seek suppression of evidence because the defendant had no expectation of privacy. The defendant is the owner of the property but is not in possession. The property is occupied by tenants. The prosecution further argues that property ownership is only one factor to be considered when examining whether Fourth Amendment rights have been violated and that the defendant must also demonstrate a reasonable expectation of privacy in the searched premises.<\/p>\n

Even though the defendant is a limited liability corporation, the protections of the Fourth Amendment apply. Hale v. Henkel 201 U.S. 43, 26 S. Ct. 370, 50 L. Ed. 652 (Sup.Ct. 1906). The Fourth Amendment to the Constitution states, “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” A corporation is an association of individuals with a distinct name and legal entity, and in organizing itself as a collective body it does not waive appropriate constitutional immunities. Id. at 76.<\/p>\n

The violations charged against the defendant could ultimately result in fines, penalties and liens imposed against the property. These pecuniary interests demonstrate a direct proprietary interest in the property.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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