What is the name of your state (only U.S. law)? Arizona
I have been subjected to ongoing harassment by the HOA where I live. They like to use various Govt. agencies and departments to harass owners.
One HOA newsletter advocated the practice of making constant complaints to such areas of Govt. against owners the reader would consider undesirable, newsletter stated target would move due to this continued practice.
I have ZERO RECORD, NEVER BEEN ARRESTED.
Constant harassment of HOA via Phx Neighborhood Services Dept.
I Been dealing with same person (nice guy) from this Dept. I have told him what HOA is doing in past, several times.
Now he has been directed to take photos of rear yard over back wall.
Stated my objection, this was violation of the 4th Amend and educated him about the "Plain View Doctrine," Boyd v. US and US v. Dunn.
Asked him if ever smelled anything chemical, organic, or decaying organic in nature? "NO"
Ever seen bugs, vermin? "NO"
If he was walking down street was there ANYTHING that would lead him to believe that my yard was any different from any other yard. His answer "Nothing"
I informed him he needed to get a letter from his administrator and Judge in his department that stated they will indemnify him for his actions taken under their direction for his own protection. Due to the information I just explained to him and how he answered my questions.
Then informed him his actions we not within the "Plain View Doctrine," and no "Exigent Need" to look over my fence,
I do not consent, and my objection as his actions were a 4th Amendment Violation.
He proceeded to get on top of the tool box mounted in the bed of the truck (fence is quite high over 9 feet from street level) took photos. Then put a step latter upon the "curtilage" went up and took more photos.
He came back weeks later asked him if her got his letter, he said no, but they had told him he was covered by the City. Tolh him to get the signed letter from them for his files.
He again wanted to take photos.
Went through the same process as above again, restated EVERYTHING AGAIN to him.
However, this time he stayed off my "curtilage" because of directions received from his Administrator and their Judge, and placed the stepladder just inches lateral to property line and onto the curtilage of he adjacent property took photos.
Weeks later I arranged everything as he directed in rear yard and City still abated property based on the photos, and removed over $20k of property. Plus thousands in fines through "Intentional utilization of Fruit of the Poisonous Tree."
They knew initial action was a Civil Rights Violation because they directed him to stay off the curtilage on the second visit, which was another Civil Rights Violation.
I would like to file a suit against the City and would love to get the HOA as well.
They have made my life miserable.
I believe I have a EXTREMELY VALID COMPLAINT.
I have been subjected to ongoing harassment by the HOA where I live. They like to use various Govt. agencies and departments to harass owners.
One HOA newsletter advocated the practice of making constant complaints to such areas of Govt. against owners the reader would consider undesirable, newsletter stated target would move due to this continued practice.
I have ZERO RECORD, NEVER BEEN ARRESTED.
Constant harassment of HOA via Phx Neighborhood Services Dept.
I Been dealing with same person (nice guy) from this Dept. I have told him what HOA is doing in past, several times.
Now he has been directed to take photos of rear yard over back wall.
Stated my objection, this was violation of the 4th Amend and educated him about the "Plain View Doctrine," Boyd v. US and US v. Dunn.
Asked him if ever smelled anything chemical, organic, or decaying organic in nature? "NO"
Ever seen bugs, vermin? "NO"
If he was walking down street was there ANYTHING that would lead him to believe that my yard was any different from any other yard. His answer "Nothing"
I informed him he needed to get a letter from his administrator and Judge in his department that stated they will indemnify him for his actions taken under their direction for his own protection. Due to the information I just explained to him and how he answered my questions.
Then informed him his actions we not within the "Plain View Doctrine," and no "Exigent Need" to look over my fence,
I do not consent, and my objection as his actions were a 4th Amendment Violation.
He proceeded to get on top of the tool box mounted in the bed of the truck (fence is quite high over 9 feet from street level) took photos. Then put a step latter upon the "curtilage" went up and took more photos.
He came back weeks later asked him if her got his letter, he said no, but they had told him he was covered by the City. Tolh him to get the signed letter from them for his files.
He again wanted to take photos.
Went through the same process as above again, restated EVERYTHING AGAIN to him.
However, this time he stayed off my "curtilage" because of directions received from his Administrator and their Judge, and placed the stepladder just inches lateral to property line and onto the curtilage of he adjacent property took photos.
Weeks later I arranged everything as he directed in rear yard and City still abated property based on the photos, and removed over $20k of property. Plus thousands in fines through "Intentional utilization of Fruit of the Poisonous Tree."
They knew initial action was a Civil Rights Violation because they directed him to stay off the curtilage on the second visit, which was another Civil Rights Violation.
I would like to file a suit against the City and would love to get the HOA as well.
They have made my life miserable.
I believe I have a EXTREMELY VALID COMPLAINT.