[T] People v. Ventura5/6/2004
rsay should be allowed because the case involved building code violations, not crimes. The Court disagreed and said that the prosecution should have subpoenaed the tenant. It dismissed the charges for failure of proof.
The Jurisdiction and Authority of Village Courts
People must be safe in their homes and protected from illegal searches and seizures. In Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court of the United States held: "We hold that all evidence obtained by searches and seizures in violation of the Constitution is, by that same authority, inadmissible in a state court." Thus, the exclusionary rule is operative in this court in accordance with the Fourth and Fourteenth Amendments of the United States Constitution.
The Fourth Amendment provides:
"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 person or things to be seized."
C.P.L. §690.05 - Search Warrants provides:
(1) Under circumstances prescribed in this article, a local criminal court may, upon application of a police officer, a district attorney or other public servants acting in the course of his official duties, issue a search warrant.
Westbury Village Code § 248-291 at p. 24894 of the Village Code provides:
§ 248-291. Application for search warrant authorized.
"The Code Enforcement Officer is authorized to make application to the Village Justice Court of the Village of Westbury or the District Court of Nassau County for the issuance of a search warrant to be executed by a police officer, in order to conduct an inspection of any premises covered by this article where the owner or occupant refuses or fails, after due notice by certified mail, to allow an inspection of the rental dwelling unit or premises, and where there is reasonable cause to believe that a violation of this chapter or a violation of the Multiple Residence Law, the New York State Uniform Fire Prevention and Building Code, the Nassau County Fire Prevention Ordinance or Chapter 83, Building Rehabilitation, Chapter 112, Electrical Standards, Chapter 124, Fire Prevention, Chapter 173, Oil Burners, Chapter 184, Plumbing and Drainage, or Chapter 187, Property Maintenance, of this village has occurred. The application for a search warrant shall, in all respects, comply with applicable laws of the State of New York."
Although a warrant to seize films was issued by a Supreme Court Justice, the Justice Court was authorized to hear a motion to suppress the films and to evaluate the probable cause supporting the warrant. People v. P.J. Video, Inc., 65 N.Y.2d 566, 493 N.Y.S.2d 988, 483 N.E.2d 1120 (1985).
Since a Justice Court may not issue a search warrant unless it has geographic, but not necessarily trial jurisdiction, the affidavits which form the basis for issuance of the search warrant must allege that an offense was committed within its jurisdiction. People v. Hickey, 40 N.Y.2d 761, 390 N.Y.S.2d 42, 358 N.E.2d 868 (1976). The Uniform District Court Act clearly removed from Village Courts of Nassau County any jurisdiction that they may have had over crimes and transferred that authority to the District Court.
Uniform District Court Act, effective 9/1/63
Repealing the Nassau County District Court Act, L.1936, C.879 & L.1939, C.274, as Amended 11/1/89
§2402 U.D.C.A.- Justices of the Peace abolished ; powers and jurisdiction of police justices trans
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