Berkman Henoch Successfully Defends Municipality Against Allegation of Fourth Amendment Constitutional Violations


30 January, 2018


Recent Decisions

Partner, Donna Napolitano and Associate Daniel Evers successfully represented the Town of Hempstead before the United States District Court for the Eastern District of New York and the Second Circuit Court of Appeals against allegations that the municipality had violated the fourth amendment rights of a homeowner. While attending an open house of plaintiff’s home, Town Code enforcement officers observed violations of the Building Zone Ordinance and issued summonses to the property owner.

Plaintiff alleged that the code enforcement officers were not authorized to enter the property for the purpose of conducting an inspection and their actions violated his rights pursuant to the fourth amendment. The Court of Appeals affirmed the holding of the District Court which determined that the plaintiff possessed no reasonable expectation of privacy and thus, the actions and observations of the code enforcement officers did not constitute an impermissible search pursuant to the United States Constitution.

3.22.2017 US District Court Order On Summary Judgment

1.30.2018 US Court Of Appeals Summary Order