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[T] People v. Ventura5/6/2004
n, 468 U.S. 897 (1984). Indeed, this Court finds that the Building Department and the Village's elected officials are valiantly trying to solve a social and economic problem. Leon created a major exception to the exclusionary rule. The Court ruled that the rule would not be applied in situations where a police officer seized evidence pursuant to a search warrant even though it was not based upon probable cause as long as the officer believed that the warrant was validly issued by a judicial officer and such belief was reasonable. The Court in Leon was silent on whether a legally, overly broad warrant could still qualify for a good faith exception to the exclusionary rule. The Court also did not make any determination as to warrants regarding alleged building code violations. The holding in Leon is anathema to the Fourth Amendment, an incongruity that makes no sense in this context and accordingly, can have no application here.
The Fourth Amendment is established to protect all even the poor who toil each day and are too busy with financial survival in order to contest the search of their homes. For them the solution may be much more mundane, simply move down the street, next door or to another community where illegal multiple dwellings have not been discovered or are tolerated. They become nomads at the hands of law enforcement; landlords who hide behind tenants; straw owners; managing agents and corporations who need day laborers to work their assembly lines. This is a pervasive problem throughout Long Island where many elected officials have chosen to ignore the problem rather than build more low and moderate income housing. Since the demands for housing are greater than the supply, the poor are compelled to reside in substandard, dangerous conditions. Slumlords know this and exploit the poor for their own gain, playing the odds that local law enforcement does not have the resources to contend with this massive problem. When they do commendably devote resources to it, slumlords take solace in knowing that they can pay a small fine; temporarily cure the problem for inspection and then return to business as usual, renting space without leases; accepting cash for rent and under-reporting income illegally derived from these rentals. It is the underground economy at its worst. There is no doubt that there are a great multitude of actual and potential crimes, both state and federal, that might be looked to in connection with Code Enforcement. For example, the Internal Revenue Service might easily look at the income derived from these dwellings by assiduously engaging in cost of living and imputed income analysis that they frequently use to catch tax cheaters. The Department of Immigration and Naturalization Service should begin to look at some of our communities for enforcement measures. Brokers, social service agencies and charities who refer the poor to illegal dwellings and managing agents who run them, could all be prosecuted. Legislation should be passed that would require all rentals to have recorded leases. Perhaps then elected officials and others would begin to realize the vastness of this problem. Slumlords; real estate brokers; managing agents and social service agencies often act in pari delicto, in concert, in running massive enterprises that this Court considers to be criminal in nature. See Beverly Lee v. LILCO, American Trial Lawyers Association, 41 Law Reporter, September 1, 1998 at 265. A full synopsis of the case was carried in the A.T.L.A. Law Reporter. In part, the head note to the annotation read: "Apartment Fire: Failure to Provide Fire Escape, Smoke Detectors: Wrongful Death: Settlement: Default Judgment: Punitive Damages." See also, Chau Lam, Ex-LIer Awarded $1.55M In Suit, Baby Died In '84 West
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