| Tuesday May 31st 2016

Man evicted from house for resisting warrantless inspections

I feel sorry for the guy, but I would appreciate it if my municipality would put me on notice if they have these polices, I wouldn’t want to live in that jurisdiction.

Marcavage noticeSadly, though, it’s the Fed’s policies, so that jurisdiction is the USA. Ugh.

Borough Ordinance No. 1188 of Lansdowne, Penn., requires all rental properties – including the private residence of the landlord, if he lives onsite – be subjected to annual inspections, with or without a warrant.

But Michael Marcavage, who lives in half of a Lansdowne duplex he owns, renting out the other half, believes the city knocking on the door and demanding warrantless entrance and inspection of his private residence – just because it also happens to be part of a rental building – is a violation of the U.S. Constitution’s Fourth Amendment.

The Fourth Amendment states in part, “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.”


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