NY Cortlandt Co.: Requirement of business records searches to take low income housing vouchers violates 4A

Acceptance of section 8 low income housing vouchers violates the Fourth Amendment because the landlord has to permit searches of business records to participate. Rental property is not a closely regulated industry, and 1981’s Sokolov v. Freeport controls. “Thus, by requiring landlords to accept Section 8 vouchers, the source of income antidiscrimination statute necessarily compels landlords to consent to warrantless searches of their properties, in violation of the Fourth Amendment.” People v. Commons West, LLC, 2023 NY Slip Op 23213, 2023 N.Y. Misc. LEXIS 3552 (Cortland Co. June 27, 2023).

The stop and detention and search were based on an outstanding warrant. Officers were entitled to rely on that warrant, and the courts would not go behind it to declare their good faith reliance invalid. United States v. Basso, 2023 U.S. Dist. LEXIS 124651 (E.D. Cal. July 19, 2023).

Inventory policy doesn’t have to be in writing to be valid. Here, however, the inventory that occurred only listed a firearm that was seized and nothing else about the backpack. That supports the argument that the inventory was really an evidentiary search. The government has the burden on inventory and the court finds it did not meet its burden. United States v. Lyons, 2023 U.S. Dist. LEXIS 124682 (N.D. Ga. July 14, 2023).*

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