Were my 4th Amendment Rights Violated?

[Zigner]

And, AGAIN, this is in the city code...the inspections are allowed. Just about EVERY municipality out there allows for this.

 

[carguy31]

Please state the exact text from the 4th Amendment that states that having ugly blue tarps is a right.

extremely twisted logic. the 4th amendment says a person is secure from search. you know this, it is not convoluted bureaucracy but simple straight forward text that says a person is free from unreasonable searches, ie without cause or warrant.

It's also the land that I don't want my neighbors turning my neighborhood into a ghetto.

It supposed to be, in principle, a free country. you cannot tell you neighbor how to live any more than he can tell you how to live. what if you neighbor does not like red cars and you own one.... even mob rule was one the issues the founders dealt with, and added rights to make sure they were stated to our most supreme document.

And, AGAIN, this is in the city code...the inspections are allowed. Just about EVERY municipality out there allows for this.

oh, so now cities can side step the constitution and control all aspects of a persons life, b/c in effect this is what you are claiming. what, do tell, do you think our Founding Fathers would think of this case? please... I am serious in the utmost.

 

[justalayman]

carguy31;2674470]extremely twisted logic. the 4th amendment says a person is secure from search. you know this, it is not convoluted bureaucracy but simple straight forward text that says a person is free from unreasonable searches, ie without cause or warrant.

It also states that view from a legal vantage point is not a search (plain sight exception). Until the guy can either prove the method used was illegal or there is no possible legal means to view his backyard, he loses.

It supposed to be, in principle, a free country. you cannot tell you neighbor how to live any more than he can tell you how to live. what if you neighbor does not like red cars and you own one.... even mob rule was one the issues the founders dealt with, and added rights to make sure they were stated to our most supreme document.

the basic explanation of the extent of your rights are:

they are without limit as long as they do not impede upon another's rights.

It is my right to not live in a ghetto. Since the laws in place put restrictions on how you must maintain your home and the laws are in place are by the voice of the people, you do not get to turn my neighborhood into a ghetto.

oh, so now cities can side step the constitution and control all aspects of a persons life, b/c in effect this is what you are claiming. what, do tell, do you think our Founding Fathers would think of this case? please... I am serious in the utmost.

I'm on your side on this one. The ordinances in place cannot overrule your constitutional rights.

 

[BOR]

extremely twisted logic. the 4th amendment says a person is secure from search. you know this, it is not convoluted bureaucracy but simple straight forward text that says a person is free from unreasonable searches, ie without cause or warrant.

Not as straight forward as one may envision, as who decides what is UNreasonable? The Courts of course.

The 4th also does not say a search warrant is required for searches, it just states they shall be supported by probable cause.

....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, and the persons or things to be seized.....

The US SC has ruled time and again that a "search" conducted absent a warrant is presumptively UNreasonable.

Here we get into another strategic area of the 4th. What is a search??

Who decides that? The Court's!!

oh, so now cities can side step the constitution and control all aspects of a persons life, b/c in effect this is what you are claiming. what, do tell, do you think our Founding Fathers would think of this case? please... I am serious in the utmost.

We can probably safely assume if the 4th was applicable to the states when the Bill of Rights was drafted, the FF's would have the same intent for locals as applies to the feds.

 

[Mister Darcy]

Please state the exact text from the 4th Amendment that states that having ugly blue tarps is a right. This is the land of the free and home of the brave. It's also the land that I don't want my neighbors turning my neighborhood into a ghetto.

Here you are:

"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, and the persons or things to be seized. And, oh yeah, no government better not mess with none of them ugly blue tarps neither".

 

[davidmcbeth3]

And, AGAIN, this is in the city code...the inspections are allowed. Just about EVERY municipality out there allows for this.

so can the assessor enter your house to measure its interior dimensions & how about going to your exterior & measuring?