Thursday, September 18, 2014
What do you think of this statute?
Right of entry of city employees and agents.
Any employee or agent of the city, while in the necessary pursuit of his official duties, shall have the right of entry at all reasonable hours, and after reasonable advance notice to the owner, tenant, or person in possession, upon any premises and into any building in the city. Any restraint or hindrance offered to such entry by any owner, tenant, or persons in possession, or the agent of any of them may, by ordinance, be made a misdemeanor. (Statute is $1k fine and 6 months in jail.)
Not kidding. That is the precise wording of the statute. The city bases their authority on CAMARA v. MUNICIPAL COURT to get around 4A.
Despite obvious 4A, 5A and 14A issues, note the final sentence of the statute. If you say "No", they claim the authority to pull what is called an "Administrative Warrant" and send LEO to ensure that "...any employee or agent of the city..." may gain entry. Because it is classified by the courts as an "inspection" versus a "search", there is no "reasonable cause" necessary.
**UPDATE** A similar law being considered in NJ - this one would allow LEO to enter homes without a warrant if they merely suspect underage drinking may be taking place. "Exigent Circumstances" no longer needs to be claimed. Obviously the pretext is merely a detail - the goal is entry to your home by the State whenever, for whatever reason, pushing 4A deeper into the grave. Here's the story.
Posted by K at 3:56 PM