On Jul 3, 5:18*pm, "HeyBub" wrote:
Ed Pawlowski 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.

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.

Right... And the 4th Amendment only applies to CRIMINAL LAW...

Code violations are more often than not civil infractions and 4th
Amendment protections do not apply as far as civil and administrative
law violations go -- any enforcement official who has powers of
arrest and seizure would need to obtain a warrant to enter any
premises they were not invited into by the person lawfully in control
of said premises...

Now the gray area is where the code officials bring along police
officers as "protection" when they enter a premises involuntarily...
Since the police officer is there only as a protector for the code
official the police officer is * NOT * allowed to search anything --
but if you leave criminal contraband (or evidence that something
illegal was present) then that is in plain view and the officer can
place you in custody while a warrant is obtained to further
search the premises...

~~ Evan