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NY Nassau: Landlord has standing to challenge code enforcement searches

By John Wesley Hall, Jr.

A landlord has standing to challenge city housing code violations even though he was not in possession of the property. Also, a search warrant could not be issued for property because the vehicles outside have different surnames as owners as tending to show two families reside in a single family dwelling. People v. All State Properties, LLC, 2010 NY Slip Op 20275, 2010 N.Y. Misc. LEXIS 3095 (Nassau Co. June 2, 2010): The defendant's motion also seeks to have evidence suppressed because evidence in the form of observations was obtained in violation of the Fourth Amendment of the United States Constitution. The prosecution argues that the defendant lacks standing to seek suppression of evidence because the defendant had no expectation of privacy...continue to full post

Full post as published by Fourth Amendment on July 17, 2010 (boomark / email).