People v. Northrop

In People v. Northrop, 96 Misc.2d 858, rev'd on other grounds 99 Misc.2d 1083 (1978), Judge Jack Mackston of the City Court of Long Beach, Nassau County determined that a statute authorizing issuance of a warrant only to a police officer "did not specifically prohibit attendance of building inspectors and those having special training and ability to discern building and zoning violations." Judge Mackston found that although the Fourth Amendment does not distinguish between administrative and criminal searches, both being subject thereto, less stringent rules may be applied to the former in determining the degree of probable cause necessary for issuance of a warrant or a degree of consent necessary to waive Fourth Amendment rights, absent a warrant. Judge Mackston reasoned, this Court believes improperly, that: "The reason for the application of a less stringent rule to administrative as opposed to criminal searches rests upon the unique character of the former and the court's effort to effectively balance the public interest against the individual's right to privacy." With all due respect to Judge Mackston, in such balancing tests, the individual's right of privacy must easily weigh in ahead of any other interests.