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[T] People v. Ventura5/6/2004
pants where, among other things, all those interviewed (but not necessarily all residing there) indicated that they paid a total of a minimum of $2,275 per month, in the aggregate, for rent. (emphasis added)
Following the inspection the defendants were charged with approximately a dozen alleged violations of the Village Code which were issued by appearance tickets and later by summonses, alleging construction without a permit; conversion (change of use) to an illegal multiple dwelling; exceeding maximum occupancy within minimum room standards; use of the cellar as habitable space; having unsecured or exposed wiring; maintaining electrical work without a licensed electrician; maintaining electrical work without an inspection and certificate of compliance; maintaining plumbing work without a licensed plumber; maintaining plumbing work without a permit; renting without a permit and maintaining a dangerous building. By amendments to the Code, all of these charges are violations and not misdemeanors. The penalties upon conviction are $100 to $1,000 in fines plus up to 15 days in jail. If convicted on all charges, the maximum consecutive sentences that could be imposed are $11,000 in fines and 165 days of incarceration.
While these living conditions are deplorable they have no bearing on the application for the search warrant unless they are set forth therein. If that were the case, that would negate the need for the warrant. In making this decision the Court is making a determination on the entire warrant and all items seized as a result of its issuance.
Several aspects of this search make it problematical. Although the Court authorized an early morning search perhaps to learn the true number of the people residing at the home, the warrant approved the taking of photos and videos of the premises. The return shows photos of at least three inspectors and two police officers being at the home. One photo shows a policeman exiting a basement and another depicts a different policeman apparently standing guard in front of the home. Photos were taken of people inside the home, some partially clad. Photos were also taken from outside the home through broken windows. Residents were then questioned by inspectors and statements were taken from some of them. The thoroughness of the search was more like using a shotgun to kill a flea. It was overbroad and beyond the scope of the warrant or even what might have been authorized.
The presence of so many police and inspectors while perhaps insuring the safety of those making the search, no doubt presented a frightening presence for those residing in the premises. Unfortunately, while the intention may have been to insure the safety of the inspectors, the exact opposite result may have occurred under these circumstances. While conducting this building inspection under the color of darkness, real danger may have awaited the inspectors from unsuspecting occupants surprised by the invasion of their premises. Violence could have easily erupted by those believing that they were justified in defending themselves or others against the presence of burglars, robbers or criminals of another sought. The risk which the Building Department took under these circumstances was not justified. This Court cannot give its imprimatur to a warrant that might in the future promote a process whereby the police or the Village's Building Inspectors and residents could be injured or even killed. The object of the search does not by any means warrant undertaking such dramatic risk taking. This was not a drug case or one where a fugitive was to be apprehended. It was one to examine the interior of a premises but evolved into one where the search could have been extremely da
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