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[T] People v. Ventura5/6/2004
tions are important. But they are hardly more important than the search for narcotics peddlers, rapists, kidnappers, murderers, and other criminal elements.' Thus, the Court should have instead elaborated upon its statement that 'acceptable results' cannot be achieved under the traditional probable cause requirement. The essential point is that criminal law enforcement typically is directed toward aggressive conduct, most often occurring in public places, which usually leaves a trail of discernible facts, so that the traditional probable cause test has not prevented an acceptable level of criminal law enforcement. By comparison, most housing code violations occur within private premises and cannot be detected from the outside and are not often the subject of a complaint which could serve as the basis for a warrant if the traditional probable cause requirement were applicable.
"In describing the third factor, the Court in Camara says the invasion of privacy from these inspections is 'limited' because they are 'neither personal in nature nor aimed at the discovery of evidence of crime.' This language is unfortunate, for it lends itself to the interpretation that a lesser quantum of evidence is required when the object of the search is not criminal prosecution. That interpretation would be unsound: the Fourth Amendment is intended to protect personal privacy rather than to prevent the conviction of criminals. The meaningful distinction here is that these inspections involve a lesser intrusion than that which ordinarily occurs in the course of a criminal investigation. Inspection for the accumulation of debris and of plumbing, heating, ventilation, gas and electrical systems takes less time than the usual search for evidence of crime and does not involve rummaging through private papers and effects. A police search for evidence brings with it damage to reputation resulting from an overt manifestation of official suspicion of crime, while a routine inspection which is part of a periodic or area inspection plan does not single out any one individual. A search in a criminal investigation is made by armed officers, whose presence may lead to violence, it may be conducted at any time of the day or night, and must usually be conducted by surprise. By contrast, the housing inspection is conducted by an inspector whose presence is perceived by the public as less offensive, is performed during regular business hours, and need not involve inspection without advance notice."
It has been determined that an inspection by administrative officials to determine whether a property owner is complying with building regulations is an administrative search. See People v. Northrop, 96 Misc.2d 858, 410 N.Y.S.2d 32, rev'd on other grounds 90 Misc.2d 1083, 420 N.Y.S.2d 846 (1978).
In Northrop, Judge Jack Mackston of the City Court of Long Beach, Nassau County determined that a statute authorizing issuance of a warrant only to a police officer "did not specifically prohibit attendance of building inspectors and those having special training and ability to discern building and zoning violations." Judge Mackston found that although the Fourth Amendment does not distinguish between administrative and criminal searches, both being subject thereto, less stringent rules may be applied to the former in determining the degree of probable cause necessary for issuance of a warrant or a degree of consent necessary to waive Fourth Amendment rights, absent a warrant. Judge Mackston reasoned, this Court believes improperly, that: "The reason for the application of a less stringent rule to administrative as opposed to criminal searches rests upon the unique character of the former and the court's effort to effectively balance the
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