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[T] People v. Ventura5/6/2004
tion of migrant workers and others who are compelled to reside in substandard, illegal multiple dwellings that are often provided to them by absentee owners and slumlords. This argument is a persuasive one but must be balanced against the right of privacy and freedom from illegal searches and seizures as provided for in both our State and Federal Constitutions. In this scenario the "end cannot justify the means" unless there is compliance with the constitutional protections afforded to everyone. Migrant workers are also entitled to the rights and protections contained in the Fourth Amendment of the United States Constitution.
There are other means that may be used by the Village to prove illegal occupancy such as surveillance; consent searches; inspection of assessment, property taxes, mail, voter registration and other records, including but not limited to Department of Motor Vehicles, plumbing, Water District and electrical meters. When the search is made on consent, the consent must be "unequivocal, specific and intelligently given." U.S. v. Smith, 308 F.2d 657 (2d Cir., 1962). In the case of consent searches the People have the burden of proving that the consent "was, in fact, freely and voluntarily given." Bumper v. North Carolina, 391 U.S. 543, 88 S.Ct. 1788, 20 L.Ed2d 797 (1968). In cases of exigent circumstances where there is immediate danger to life and property, a warrantless search may be conducted. People v. Calhoun, 49 N.Y.2d 398, 426 N.Y.S.2d 243, 402 N.E.2d 1145 (1980). However, exigent circumstances do not exist for a routine search of a residence in order to determine whether a violation of the Village Building Code exists. See also, C.P.L. §710.20(1):
"Under the judicially created exclusionary rule, where a search and seizure is made in violation of an individual's constitutional rights, the property seized cannot be introduced as evidence against the individual at a trial if suppression of the material seized may help deter future unlawful police conduct." See Weeks v. United States, 232 U.S. 383 (1914). See also, Gray, Lawrence N., New York Criminal Practice, Second Edition (New York State Bar Association, 1998 & 2000 Supplement) at 249 & 250.
To be sure the illegal occupancy of multiple dwellings presents a dire threat to the safety of the inhabitants; increases the usage of municipal services such as garbage removal without taxation and, in many cases, causes unsightly conditions and a depreciation of property values. Adjoining property owners may have just cause to complain unless they too have an economic need to create an illegal dwelling in their own homes and rent out space therein. The problem of illegal multiple dwellings is that once tolerated by a municipality, they then proliferate. The Court realizes that in suppressing evidence of this genre, it may unavoidably add to the problem of proliferation of illegal dwellings. The Court is compelled to prioritize constitutional protections over enforcement measures that are being used to curtail the spread of illegal dwellings. This Court fully supports aggressive code enforcement, but that can never occur at the expense of constitutional liberties. No matter how poor their station in life, when it comes to our Bill of Rights, the Constitution makes no distinction between citizens and illegal aliens or between the rich and those compelled to reside in substandard conditions. The liberties of one are the liberties of all.
The Problem of Illegal Multiple Dwellings is Systemic
The essence of the magnitude of the problem which this investigation, search warrant and prosecution seek to correct is reflected in a Grand Jury Report dated May 10, 1984 entitled: "District Attorney's
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