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.
Thoughts?
Kerodin
III
**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.
Hey Sam,
ReplyDeleteOf course the statute stinks but there's no real protection even if it wasn't there. If they want in bad enough there are plenty of ways without needing this particular rule. As we say in the 'hood - I feel ya, Dog.
Daniel
Agreed, they have many tools in their toolbox. In my case I had a reasonable Code Enforcement Officer who understood "why" I said no, on principle, and he chose not to invoke the statute.
DeleteThe statute itself is written in what I call the "Dropping all optics" fashion - .Gov at all levels is making it very clear how they perceive the Government/Citizen paradigm.
Murika!
ReplyDelete:-)
ca
Free Citizen here. Looks like a 12ga will be the answer. I have already been asked by a jerk cop why I wear a pistol at home. I told him that it was because of cops that ask questions like that. We have had 2 home invasions within 2 blocks of my house and 2 drive by shootings on my block. Where were the cops? We know of the back door approach to gun control and what the libs are trying to do. Two cops here that were on the Gang Unit were fired when they were found to be gang members. The cops and the govt are our enemies folks. Train up and be prepared for what is to come.
ReplyDeleteFirst thought is a deep seething hatred for the bed wetting, small dick authoritarian who wrote the “law” with no regard for THE LAW. Second thought was, pity the fool who thinks he’s going to force his way into yours/my/any other Patriots business/property. Third is, have shovel will travel.
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