DOS Doesn't Need Warrant to Search Landlord's Basement

Facts: Landlord was charged with illegally storing, transporting, and disposing asbestos and asbestos-related materials that came from his building. The DOS enforcement officer found 15 bags of construction material on the sidewalk outside of the building and 30 more bags in the building's basement. Landlord claimed that the entry, the search of the basement, and the seizure of the material found there was an unconstitutional search without a warrant. Court: Landlord loses. The officer was given access to the basement by tenant, who had permission from landlord to store personal items in the basement. So, this tenant had authority to consent to a search. The officer didn't need a warrant under those conditions. And, given the potential health hazard suggested by the material found in front of the building, there was good reason to conduct a warrantless search. This was an emergency situation, and the officer's primary motive was to protect people possibly exposed to asbestos.

People v. Avila: NYLJ, p. 29, col. 4 (3/15/93) (Crim. Ct. Kings; Bruno, J)