4th amendment rights

[thatguy]

NEW YORK.....I Have a question. The town entered our house for code violations without the owners knowledge. They said the tenant let them in and that was enough, but in the town codes, it states.....

153-22. Authorization for inspection.

The Commissioner of Planning and Development of the Town of Babylon or his designated representative is authorized to make or cause to be made inspections to determine the condition of dwellings and to safeguard the health, safety, morals and welfare of the public. The Commissioner or his designated representative is authorized to enter, upon the consent of the owner, any dwelling, dwelling unit, rooming house, rooming unit or premises at any reasonable time during daylight hours or at such other time as may be necessary in an emergency without consent of the owner for the purpose of performing his duties under this article.

§ 153-23. Search warrant applications.

The Commissioner of Planning and Development of the Town of Babylon or his designated representative is authorized to make application to the District Court of Suffolk County for the issuance of a search warrant in order to conduct an inspection of any premises covered by this article where the owner refuses or fails to allow an inspection of the rental premises and where there is reasonable cause to believe that a violation of this article has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York.

§ 153-24. Search without warrant restricted.

Nothing in the article, except for provisions concerning emergency inspections, shall be deemed to authorize the Commissioner of Planning and Development of the Town of Babylon or his authorized representative to conduct an inspection of any premises subject to this article without the consent of the owner of the premises and without a warrant duly issued by an appropriate court.

my interpretation of this is that in order for the town to enter they would either need my consent or a warrant, and according to the miswording of their statute they would actually need both! How can the town argue this when it was written by them and is in their own code book? Aren't they bound to follow the law the same as I am?

 

[racer72]

Read it all again, lawyers write this stuff and they are smart enough to cover their butts. Specifically in 153-22,

or at such other time as may be necessary in an emergency without consent of the owner for the purpose

Something as simple as a pest problem or health concerns can be construed as an emergency. You will require the services of a local attorney that is more familiar with the local laws and how they are applied if you want to fight the government.

 

[thatguy]

yes, we've taken note of the term "emergency" and no where in the statutes do they define what "emergency" is. In our opinion we are then applying the ordinary use of the word as described in Websters dictionary. In my opinion if there was such an emergency, it would be hard to understand how the town would allow the tenant to remain in the apt. and how we would not be notified of the "emergency" if we also reside there. Also, we were never charged with any health violations or the like.

 

[GaAtty]

I agree that there was no emergency. It was just a plain fourth amendment violation. Their entering was also a violation their own code. If they found a violation, their illegal entry would be a defense. Get a civil rights attorney or criminal attorney who does illegal search and seizure to write a letter to them, if you want to stop this from happening again in the future.

 

[BelizeBreeze]

Two questions:

What does your situation have to do with Accessory Apartments , and;

When did you receive your permit to have such an apartment?