People v. Laverne, 14 N.Y.2d 304 (1964)
A public officer’s warrantless entry into private premises, against the occupant’s resistance, to gather evidence for a criminal prosecution violates the Fourth Amendment, rendering evidence obtained inadmissible.
Summary
Laverne was convicted of violating a village ordinance prohibiting business operations in a residential zone, based on evidence gathered by the Building Inspector during three warrantless entries onto his property. Laverne resisted two of the entries. The New York Court of Appeals reversed the conviction, holding that the warrantless searches violated Laverne’s constitutional rights because they were conducted for the purpose of gathering evidence for a criminal prosecution, not for administrative or civil purposes related to public health and safety. The court distinguished this from cases where warrantless inspections are permitted for regulatory purposes.
Facts
Laverne operated a design business from his residence in Laurel Hollow, New York, which was located in an area zoned for residential use. The Village of Laurel Hollow had a Building Zone Ordinance that prohibited operating a business in a residential zone. The Village Building Inspector, acting under the authority of the ordinance, entered Laverne’s property on three separate occasions in 1962 to observe his activities. Laverne objected to the inspector’s entry on two occasions. The inspector’s observations formed the basis of three criminal prosecutions against Laverne for violating the ordinance.
Procedural History
Laverne was convicted in the Village Police Court on all three charges, which were consolidated for trial, and received a suspended six-month jail sentence. The County Court affirmed the convictions. Laverne appealed to the New York Court of Appeals, which granted permission for the appeal.
Issue(s)
Whether a village ordinance authorizing a building inspector to enter private premises without a warrant, against the occupant’s resistance, to obtain evidence for a criminal prosecution, violates the Fourth Amendment’s protection against unreasonable searches and seizures.
Holding
Yes, because official searches of private premises without a warrant for the purpose of criminal prosecutions violate constitutional rights.
Court’s Reasoning
The court reasoned that the searches were conducted for the purpose of gathering evidence for a criminal prosecution, distinguishing them from searches conducted for administrative or civil purposes related to public health and safety, which may be permissible without a warrant. The court emphasized that the inspector’s entries were not consensual; resistance was met on two occasions, and mere submission to authority does not constitute consent. The court distinguished the case from Frank v. Maryland, where the Supreme Court upheld a conviction for refusing to allow a health inspector access to a property, noting that Frank dealt with a regulatory scheme for the general welfare, not a means of enforcing the criminal law. The court held that the searches violated Laverne’s constitutional rights under Mapp v. Ohio, which established that illegally obtained evidence is inadmissible in state criminal trials. The court also addressed the People’s argument that Laverne waived his objection to the unlawful search by failing to comply with the procedural requirements of Section 813-d of the Code of Criminal Procedure. The court rejected this argument, noting that the section primarily addresses physical evidence, not testimonial evidence based on observations made during an unlawful search, and that the People failed to raise this procedural argument in the lower courts.