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[T] People v. Ventura5/6/2004
closely at this multi-faceted problem.
The application for a search warrant is an extremely delicate and sensitive matter governed very precisely by the Criminal Procedure Law. The fact that such an application is made on an ex parte basis makes it even more serious. While we are a local criminal court we are not given authority over misdemeanors and felonies. In this County, we have a District Court and a County Court to preside over those matters. The Incorporated Village of Westbury does not have its own police department. The Nassau County Police Department executes on arrest warrants issued by the Village Justice Court. They have the experience, training and legal authority to do so. The Nassau County Police Department did participate in the execution of the search warrant issued in this case. The Village incurs no liability for the lawful issuance of an arrest warrant. However, the illegal issuance of a search warrant without judicial authority to do so may be quite another matter. See Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 915 S.Ct. 1999, 29 L.Ed2d 619 (1971). Arguably a judge signing a search warrant may be acting outside the scope of his or her judicial authority unless it can be shown that they have jurisdiction to do so. See also, Liotti v. DeRiggi and Peace, New York Law Journal, September 23, 2003 at 1, 17 and 22. See also Leigh Jones, Judicial Immunity, Lawyer's Defamation Claims Against Judge Are Dismissed, New York Law Journal, September 23, 2003 at 15 and 16 and Robin Topping, Defamation Suit Dismissed, Newsday, September 24, 2003 at A36. See Leigh Jones, At Odds: Lawyers Battle Each Other Over Money, Reputation, New York Law Journal, November 25, 2003 at 1, 15 and 16 and Decisions of Interest, New York Law Journal, November 28, 2003 at 1, 17 and 20. Default Vacateur Denied for Failure to Appear At Westchester Conference in Nassau Action.
In Bivens, supra, the Supreme Court of the United States in an opinion by Justice Brennan determined that damages may be obtained for injuries resulting from a violation of the Fourth Amendment. It is for this reason that the actions of village officials in applying for and executing a warrant must be closely scrutinized. To the extent that there may have been a constitutional violation in this case, it must end now. Fortunately, the constitutional breach, if any, was di minimus. When constitutional breaches of this genre are condoned or approved of by courts, we are simply covering up the misconduct that should be exposed and cast out. In not recognizing a Fourth Amendment violation we may exacerbate the problem and expose the village to still greater liability. Again, as stated elsewhere in this opinion, the Associate Justice signing this warrant, those applying for it and those executing it all, in this Justice's opinion, acted with the utmost good faith. However, this Court finds that the evidence in this case must be suppressed because the warrant was overbroad. This Court believes that there was no probable cause to believe that a crime was being committed and that search warrants should not ordinarily issue in the case of alleged building and zoning code violations, particularly when resort to such a drastic and extreme remedy is unnecessary. We are not play or toy courts dabbling in matters better left to higher courts with the authority, experience and capability to preside over them. This Court is a part-time Village Justice presiding over Vehicle and Traffic and violations of local laws within the Incorporated Village of Westbury. Applications for search warrants are serious and complex matters which are ordinarily better left to the experienced, full-time judges from our higher courts. Here,
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