Sokolov v. Village of Freeport
New York Court of Appeals
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
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
- Marshall v. Barlow's, Inc.Supreme Court of the United States · 1978
- See v. City of SeattleSupreme Court of the United States · 1967
- United States v. BiswellSupreme Court of the United States · 1972
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3Cited by74 opinions
- Paul Palmieri v. Pamela Lynch, AKA Pam Lynch, John Doe 1Court of Appeals for the Second Circuit · 2004
- People v. BurgerNew York Court of Appeals · 1986
- Mangino v. Incorporated Village of PatchogueDistrict Court, E.D. New York · 2010
- People v. PaceAppellate Division of the Supreme Court of the State of New York · 1984
- Pashcow v. Town of BabylonNew York Court of Appeals · 1981
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