California city asserts right to search residence without warrant
Oct 21, 2017 18:05:19 #
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WND EXCLUSIVE
California city asserts right to search residence without warrant
Bob Unruh joined WND in 2006 after nearly three decades with the Associated Press, as well as several Upper Midwest newspapers, where he covered everything from legislative battles and sports to tornadoes and homicidal survivalists. He is also a photographer whose scenic work has been used commercially.
Real estate agents in Santa Barbara, California, are suing their city over a law that gives city inspectors full access to homes, arguing it violates the U.S. Constitution’s Fourth Amendment privacy protections.
“Santa Barbara singles out home sellers and coerces them into giving up their vital Fourth Amendment privacy protections,” said Meriem Hubbard, a senior attorney for the Pacific Legal Foundation.
“They’re pressured to allow city agents to roam through their living rooms, kitchens, bedrooms, closets and attics without any evidence that the house has any problems,” he said. “Putting your home on the market should not mean mortgaging your constitutional rights.”
Hubbard said Santa Barbara’s “targeting of home sellers for searches and snooping must end, and the unconstitutional law that sanctions it must be struck down.”
The Fourth Amendment protects citizens against unreasonable searches and seizures. It’s why police must have a warrant or other legal adjudication to enter a residence.
“Police State USA: How Orwell’s Nightmare Is Becoming Our Reality” chronicles how America has arrived at the point of being a de facto police state, and what led to an out-of-control government that increasingly ignores the Constitution. Order today!
But in Santa Barbara, the city law “requires home sellers to apply for a zoning inspection report and pay a $475 fee for the inspection process within five days of a sale agreement.”
“The inspections are open-ended, covering a variety of city codes – even though the Zoning Department staffers who conduct them aren’t licensed as building inspectors or surveyors,” the legal team argued.
They are asking for a court order ending the city’s ordinance regarding “unwarranted and coercive administrative searches of residential properties by city personnel as a condition of sale,” a declaration such a requirement in unconstitutional and the costs of the lawsuit.
Pacific Legal asserts Santa Barbara’s ordinance strips home sellers of their constitutional rights.
“The city’s Zoning Information Report ordinance effectively requires an interior and exterior inspection of any home put on the market – even though there is no legal reason to single out these homes for investigations,” the lawyers explained.
“Although the city claims sellers may decline searches, they risk penalties if they do so. Under the ordinance, any seller who fails to pay the inspection fee and allow the government agents inside can be convicted of a misdemeanor and fined up to $500.”
The plaintiffs include members of the Santa Barbara Association of Realtors.
The foundation pointed out that the city recently started allowing sellers to opt out of the searches while still paying for an exterior inspection.
Hubbard, however, called it “an illusory change.”
“Sellers are still coerced into allowing city searches. Although they can technically refuse an inspection, the city notifies the buyer if they do so. And the ordinance remains unchanged. It still provides for criminally prosecuting and fining people who sell their homes without allowing the government inspectors in.”
A spokesman for the realtors, David Kim said the Santa Barbara Association of Realtors “has attempted to work with city officials for years on Zoning Information Report concerns, but the flawed ordinance remains unchanged.”
“We filed suit to protect the constitutional rights of the people of Santa Barbara,” he said.
A spokeswoman for Santa Barbara did not respond to a WND request for comment.
The complaint states that it is a challenge to the “ordinance as-applied and on its face because it imposes unconstitutional conditions on the Fourth Amendment right of homeowners to be free from unreasonable searches.”
“According to the city …. the ZIR inspection is required, and includes the interior of all residential units and accessory structures (e.g., garages, sheds, studios), as well as the entire grounds of a seller’s residence. Access must be available to all buildings/structures at the time of the scheduled inspection.”
The ordinance doesn’t allow it, but if a homeowner declines to allow the inspection, city employees report to possible buyers they “cannot confirm if any other violations exist.”
“Whether or not the city inspector conducts an interior home inspection, the seller must apply for a ZIR and pay the corresponding ZIR fee within five days.”
But, the complaint explains city and city council members “have a clear, present, and ministerial duty to comply with the United States Constitution, which prohibits state officers from requiring property owners to sacrifice the Fourth Amendment right against unreasonable searches as a condition of selling their property.”
“Police State USA: How Orwell’s Nightmare Is Becoming Our Reality” chronicles how America has arrived at the point of being a de facto police state, and what led to an out-of-control government that increasingly ignores the Constitution. Order today!
California city asserts right to search residence without warrant
Bob Unruh joined WND in 2006 after nearly three decades with the Associated Press, as well as several Upper Midwest newspapers, where he covered everything from legislative battles and sports to tornadoes and homicidal survivalists. He is also a photographer whose scenic work has been used commercially.
Real estate agents in Santa Barbara, California, are suing their city over a law that gives city inspectors full access to homes, arguing it violates the U.S. Constitution’s Fourth Amendment privacy protections.
“Santa Barbara singles out home sellers and coerces them into giving up their vital Fourth Amendment privacy protections,” said Meriem Hubbard, a senior attorney for the Pacific Legal Foundation.
“They’re pressured to allow city agents to roam through their living rooms, kitchens, bedrooms, closets and attics without any evidence that the house has any problems,” he said. “Putting your home on the market should not mean mortgaging your constitutional rights.”
Hubbard said Santa Barbara’s “targeting of home sellers for searches and snooping must end, and the unconstitutional law that sanctions it must be struck down.”
The Fourth Amendment protects citizens against unreasonable searches and seizures. It’s why police must have a warrant or other legal adjudication to enter a residence.
“Police State USA: How Orwell’s Nightmare Is Becoming Our Reality” chronicles how America has arrived at the point of being a de facto police state, and what led to an out-of-control government that increasingly ignores the Constitution. Order today!
But in Santa Barbara, the city law “requires home sellers to apply for a zoning inspection report and pay a $475 fee for the inspection process within five days of a sale agreement.”
“The inspections are open-ended, covering a variety of city codes – even though the Zoning Department staffers who conduct them aren’t licensed as building inspectors or surveyors,” the legal team argued.
They are asking for a court order ending the city’s ordinance regarding “unwarranted and coercive administrative searches of residential properties by city personnel as a condition of sale,” a declaration such a requirement in unconstitutional and the costs of the lawsuit.
Pacific Legal asserts Santa Barbara’s ordinance strips home sellers of their constitutional rights.
“The city’s Zoning Information Report ordinance effectively requires an interior and exterior inspection of any home put on the market – even though there is no legal reason to single out these homes for investigations,” the lawyers explained.
“Although the city claims sellers may decline searches, they risk penalties if they do so. Under the ordinance, any seller who fails to pay the inspection fee and allow the government agents inside can be convicted of a misdemeanor and fined up to $500.”
The plaintiffs include members of the Santa Barbara Association of Realtors.
The foundation pointed out that the city recently started allowing sellers to opt out of the searches while still paying for an exterior inspection.
Hubbard, however, called it “an illusory change.”
“Sellers are still coerced into allowing city searches. Although they can technically refuse an inspection, the city notifies the buyer if they do so. And the ordinance remains unchanged. It still provides for criminally prosecuting and fining people who sell their homes without allowing the government inspectors in.”
A spokesman for the realtors, David Kim said the Santa Barbara Association of Realtors “has attempted to work with city officials for years on Zoning Information Report concerns, but the flawed ordinance remains unchanged.”
“We filed suit to protect the constitutional rights of the people of Santa Barbara,” he said.
A spokeswoman for Santa Barbara did not respond to a WND request for comment.
The complaint states that it is a challenge to the “ordinance as-applied and on its face because it imposes unconstitutional conditions on the Fourth Amendment right of homeowners to be free from unreasonable searches.”
“According to the city …. the ZIR inspection is required, and includes the interior of all residential units and accessory structures (e.g., garages, sheds, studios), as well as the entire grounds of a seller’s residence. Access must be available to all buildings/structures at the time of the scheduled inspection.”
The ordinance doesn’t allow it, but if a homeowner declines to allow the inspection, city employees report to possible buyers they “cannot confirm if any other violations exist.”
“Whether or not the city inspector conducts an interior home inspection, the seller must apply for a ZIR and pay the corresponding ZIR fee within five days.”
But, the complaint explains city and city council members “have a clear, present, and ministerial duty to comply with the United States Constitution, which prohibits state officers from requiring property owners to sacrifice the Fourth Amendment right against unreasonable searches as a condition of selling their property.”
“Police State USA: How Orwell’s Nightmare Is Becoming Our Reality” chronicles how America has arrived at the point of being a de facto police state, and what led to an out-of-control government that increasingly ignores the Constitution. Order today!
Oct 22, 2017 06:58:30 #
no propaganda please wrote:
WND EXCLUSIVE br California city asserts right to ... (show quote)
Well here it is liberals what you are fighting so hard for,the loss of all our constitutional rights.This I am sure they would gladly applaude if only members of the right were involved but suprise it's happening to them as well.I watched a local news broadcasts where. some individuals were interviewed and they were admitted members of the left,how do I know because they said so on TV.They were absolutely aghast that things like this could happen in America,can you believe that?good old Santa Barbara a bastion of left wing nut balls complaining about such a small intrusion into their life,if only they had the ability to see what's coming even their blood would run cold,err colder,we all know they are cold blooded too begin with.I know this is not at all funny but somehow I could not help lmao.I guess they think the coming storm will only drop rain on conservatives.The constitution will be ignored a very small bit here and there until there is nothing left but a memory and strangers will be breaking down doors in the middle of the night and searching without cause and the liberals will continue to be surprised.I know ther are bigger things happening but this shows the corrupt politicians never sleep and nothing that chips away at our constitution will be ignored.
Oct 22, 2017 23:25:36 #
no propaganda please wrote:
WND EXCLUSIVE br California city asserts right to ... (show quote)
Well on the flip side of this, is that people who buy into flipping houses and perform substandards repairs and cover up with fresh drywall and paint are the problem. The unsuspecting buyer has to hire their own home inspector and even that is no guarantee that the dwelling is up to standard. I recently bought a property that was supposed to be demolished and while getting the permit to demo it myself, I had to pay a fee that I wouldn't damage or remove any trees. The city wouldn't let me have the permit unless I agreed to pay the additional fee. Getting back to the topic, electrical ( meter loops, wiring inbetween wall and being properly grounded with GFI's) and plumbing issues ( no venting through the roof, improper use of sanitary "T"s or "Y"s ) are present on homes that have work done to them under the table,), even the HVAC system can have dirty units that might have mold, or to check the sealed system and find the compressor or motors that are damaged to the point of breakdown. I guess that city has a problem with houses being sold, only to find sorts of problems that are hidden by sellers. I don't agree on the mandatory inspections but if you're buying and don't invest in city approved inspectors, you can sue if they inspect, and miss problems, or a privately hired inspector and hope that he has enough experience to recognize and note problems. But it's still buyer beware.
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