4th Amendment, US Constitution

[DekeRivers]

My local city council recently passed an ordinance. Many parts of this ordinance were troublesome, but this section was the worst. It reads, "The Chief of Police or any other duly designated City Official is hereby authorized to enter into or upon any premises where there is a reason to suspect the existence of any Nuisances for the purpose of inspection or abatement of said Nuisance in accordance with this Ordinance. If any person refuses to allow entry upon private property, then the Chief of Police or any other duly designated City Official may obtain a search warrant from the Associate Circuit Judge or other proper officials and proceed in accordance therewith. The Chief of Police or other duly designated City official may also visibly inspect and photograph any Nuisance that is visible from the street or any public property, or any private property upon which such official legally enters."

I argue that this is a violation of the 4th Amendment to the US Constitution... the city doesn't see it that way. What this section is saying is that the city has the right to come on my property, or even into my home, if they suspect I might be up to some kind of "nuisance" activity. The issue of getting a search warrant only comes up if I happen to be home and deny them access to my home... if I'm NOT home, then they can basically come in and look around as much as they want.

Can I please get a legal opinion on if this section of the ordinance is really a violation of the 4th Amendment to the US Constitution, or if it's all perfectly fine ? I hope to hear back from you soon ! Thanks again. Deke

 

[army judge]

My local city council recently passed an ordinance. Many parts of this ordinance were troublesome, but this section was the worst. It reads, "The Chief of Police or any other duly designated City Official is hereby authorized to enter into or upon any premises where there is a reason to suspect the existence of any Nuisances for the purpose of inspection or abatement of said Nuisance in accordance with this Ordinance. If any person refuses to allow entry upon private property, then the Chief of Police or any other duly designated City Official may obtain a search warrant from the Associate Circuit Judge or other proper officials and proceed in accordance therewith. The Chief of Police or other duly designated City official may also visibly inspect and photograph any Nuisance that is visible from the street or any public property, or any private property upon which such official legally enters."

I argue that this is a violation of the 4th Amendment to the US Constitution... the city doesn't see it that way. What this section is saying is that the city has the right to come on my property, or even into my home, if they suspect I might be up to some kind of "nuisance" activity. The issue of getting a search warrant only comes up if I happen to be home and deny them access to my home... if I'm NOT home, then they can basically come in and look around as much as they want.

Can I please get a legal opinion on if this section of the ordinance is really a violation of the 4th Amendment to the US Constitution, or if it's all perfectly fine ? I hope to hear back from you soon ! Thanks again. Deke

I think you've misunderstood the intent and the meaning of the ordinance.
I see the police are required to obtain a warrant, if denied entry.
If you require a real legal opinion, contact an attorney licensed to practice law in your state.
Discuss the matter with the attorney, and see what she or he has to say.

Even if the ordinance appears to violate the constitution protection from unreasonable and warrant less searches, a guinea pig plaintiff would have to be found, victimized by a aggressive CHIEF, warrantless search conducted upon denial (or as you speculate, guinea pig plaintiff not at home, search conducted), charges levied, case prosecuted, guinea pig plaintiff convicted, BEFORE a legal challenge could be attempted.

No wrong, no challenge.

Another option, discuss the matter with your MO State Chapter of the ACLU.


http://www.aclu-mo.org/