In The Matter of an Administrative Inspection of Property Under the Control of John Kun

In In The Matter of an Administrative Inspection of Property Under the Control of John Kun, 190 Misc.2d 470 (Greene Co. Ct. 2002), Judge Daniel K. Lalor of the Greene County, County Court held: "Decisions from the nation's highest Court clearly establish that administrative searches fall within the purview of the Fourth Amendment (see, Camara v. Municipal Court, 387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. 2d 930 [1967]). Therefore, under ordinary circumstances, a municipality may not make interior inspections without first obtaining either uncoerced consent or a warrant. However, despite the clear need therefor, there is as yet no express statutory provision for administrative warrants under New York law. Legislation to remedy this deficiency by amendment to the General Municipal Law has been introduced, however as of this application the bill remains in committee (N.Y.S. Legislative Bill A01859/S02396, referred to Committee 551 on Codes on 1/16/2001, and again on 1/09/2002). [1][2] The nearest available substitute process is the criminal search warrant. In New York, issuance of search warrants is governed by Article 690 of the Criminal Procedure Law. Section 690.05(1) provides, 'Under circumstances prescribed in this article, a local criminal court may, upon application of a police officer, a district attorney or other public servant acting in the course of his official duties, issue a search warrant.' This Court is empowered to sit as a local criminal court for purposes of entertaining search warrant applications (CPL 10.10(3)(g), and the Greenville Town Attorney is a public servant acting within the scope of his official duties in seeking the warrant. The next issue is whether the relief requested may properly be granted, for a search warrant by its terms is ordinarily defined as a court order to search designated premises for the purpose of seizing designated 'property', not to conduct visual inspections (see CPL 690.05(2)).