Legal Opinion

Sokolov v. Village of Freeport

New York Court of Appeals

Decided March 31, 1981PublishedCited by 74 opinions

1Opinion of the Court

OPINION OF THE COURT

Gabrielli, J.

Presented for our determination is the constitutionality of a municipal ordinance which provides, effectively, that a landlord is required to consent to a warrantless inspection of his property in order to obtain a rental permit. We hold today that the imposition of a penalty upon a landlord for renting his premises without first consenting to a warrant-less search violates the property owner’s Fourth Amendment rights.

The Village of Freeport enacted a rental ordinance (Village Ordinance, art IV) in 1974 which required that landlords obtain a rental permit…

2Cases cited9 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  3. Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
  4. See v. City of SeattleSupreme Court of the United States · 1967
  5. United States v. BiswellSupreme Court of the United States · 1972

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3Cited by74 opinions

  1. Paul Palmieri v. Pamela Lynch, AKA Pam Lynch, John Doe 1Court of Appeals for the Second Circuit · 2004
  2. People v. BurgerNew York Court of Appeals · 1986
  3. Mangino v. Incorporated Village of PatchogueDistrict Court, E.D. New York · 2010
  4. People v. PaceAppellate Division of the Supreme Court of the State of New York · 1984
  5. Pashcow v. Town of BabylonNew York Court of Appeals · 1981

69 more not listed; retrieve them via the Exa API.

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