Hearing Required on Excluding Evidence in Drug Eviction Case

Facts: Landlord sued to evict tenant after being notified by the District Attorney's Narcotic Eviction Program that tenant's apartment was being used for the sale and distribution of drugs. Tenant asked the court to bar landlord from introducing evidence illegally seized by police. Tenant claimed his rights were otherwise violated under the Fourth Amendment of the U.S. Constitution, which prohibits unreasonable searches and seizures. The DA admitted that 40 glassines of heroin and over $1,000 was seized from tenant's apartment without a search warrant. Court: A hearing was needed to determine if the evidence seized during the illegal search should be admitted in court during the eviction case. On the one hand, the police were acting in cooperation with the DA's office, and illegal searches and seizures should be discouraged by excluding the evidence. On the other hand, there were conflicting facts presented concerning the circumstances of the search.

Ackert v. Figueroa: NYLJ, p. 27, col. 1 (4/8/97) (Civ. Ct. NY; Gische, J)