Search warrants for code violations?

Glad to hear the baggers are doing something constructive, not jes flapping their overwrought collective gums. I hope they prevail in this case.

nb

Couldn't be a better proof of the saying "The price of liberty is eternal vigilance." Look for more stupidity like this as bankrupt local governments seek to "fee us to death."

Soon they'll be swabbing your dog's mouth to find pooper scooper violators:

I wonder if the enforcement guys wear uniforms. With Brown Shirts.

Steve

Heart surgery pending?

I wonder what the bounty is. And I wonder if the little kids are being given a special class in school on how to report their evil dominating controlling mess-up-your-social life parents.................................

Steve

Heart surgery pending?

You should read your municipal code. Many places already give the building inspector rights to enter a premises that even the police don't have. You don't _have_ to let the inspector in, but they can pull your CO and then you're in a pissing match with a big-bellied drunk. Not a good idea.

What's the problem with vigorous code enforcement?? In a lot of places, the code specifics a minimum standard that's below what most people like to see in their neighborhoods - and besides, if ya don't like the code, don't move there - then again, if you one of those guys that likes his car up on blocks for months at a time on a driveway stained by oil and transmission fluid, with the car's engine suspended from a tree in the front yard, well then, yeah, I guess you'd be against code enforcement.

I think the code enforcement guys where I live do a great job - they are professional, and, if anything, they bend over backwards to give the offender the benefit of the doubt and plenty of time to correct the deficiency.

"AngryOldWhiteGuy" wrote

I don't think we are against code enforcement, but warrant issued for suspicion can easily be abused. I think the codes are good, but I don't want some inspector getting suspicious and obtaining a warrant because my lawn seems too long so he suspects faulty wiring.

This is power than can be easily abused.

It's got nothing to do with "code enforcement". It's all about tax collection.

You must live in Utopia.

How many angry homeowners does it take to push an univited Lynchburg home inspector down the stairs?

None. He fell.

-- Bobby G.

I say let them waste their money passing it. They'll just be buying themselves a ticket to a ringside seat at the Supreme Court to watch it struck down. You'd be surprised at how often local legislators who don't know the Constitution from a roll of toilet paper dream up these patently absurd ideas.

-- Bobby G.

Giggle.

Even the FBI can't get a warrant based on "suspicion."

"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon PROBABLE CAUSE, supported by oath or affirmation, and particularly describing the place to be searched or things to be seized."

The above does not apply to the TSA or the Border Patrol.

Or the game warden.

"Ed Pawlowski" wrote

A Nazi treehugger in North Las Vegas found a law on the books that outlawed weeds over 6" high. She then proceeded to make a formal written complaint against ANYONE who had weeds taller than allowed. Before that, no one paid any attention. But since they WERE written formal complaints, all had to be acted upon. The list of offenders included policemen, firemen, city officials, lots of people. I think the law was rescinded shortly after that.

Steve

The difference being that the TSA, the Border Patrol or the game warden are not likely to be encountered in one's house. There's still a strong presumption in many (but not enough) states that a man's home is his castle. One supposedly must submit to adult diaper searches by the TSA because one wants to board an airplane. Same for BP (crossing the border) or the GW (hunting game on public land - mostly).

But a building inspector entering because I used too much water and he suspects bad plumbing? He's not coming in and if they yank my CO, we're going to rumble in court and on the evening news. It might be a different story if he can see an illegal addition from Google or the street, but I believe there still has to be legally sufficient probable cause to enter a private dwelling, especially by force.

-- Bobby G.

Actually at least in my state if the police want a handy way to violate the 4th amendment they bring a "game protector" along. "Game protectors" are sometimes used in roadblock checkpoints for the same reason.

ROFL...

So what kind of game is the "game protector" trying to protect... Deer and Moose can't fit into closets or furniture...

The limited search powers he/she would have to look inside enclosures within which "game" could be concealed are not worth the charade to gain entry -- if the cops want to get you they have informants who can claim you have all sorts of illegal pills inside your house... Then the police can get a warrant and search anywhere inside your house a pill could fit... With the warrant there would be no easy 4th Amendment violation to uncover -- the police obtained a tip and acted upon it -- it is very very difficult to challenge such things after the fact especially if the tip panned out...

~~ Evan