Town of East Hampton v. Omabuild U.S.A. No 1 Inc

In Town of East Hampton v. Omabuild U.S.A. No 1 Inc., 215 A.D.2d 746 (1995), the Appellate Division, Second Department reviewed the conduct of a "Code Enforcement Officer" in applying for a criminal search warrant to conduct a search of a club by taking photos and measurements regarding alleged zoning violations. The Town contended that this was a mere administrative inspection rather than a criminal search and that it should accordingly be judged pursuant to more relaxed standards applicable to inspections. The Second Department disagreed stating that the search was more criminal in nature. The Court found no objection to the taking of photos and measurements but also remarked that the limitations of the warrant were strictly adhered to in that "it is undisputed that no attempt was made to search any individuals on Omabuild's property."