The 4th Amendment to the U.S. Bill of Rights has been around for about 240 years but it stood no defense before the town council. They decided to make an exception to it with only one caveat--"reasonable time" to be exercised.
As it stands now there is one person, the building inspector, who is able to search your home for code violations without a search warrant.
No building in Marlinton is excepted including churches, rest homes, and other private facilities. The "visit" is totally at the will of the building inspector. Not even a judge has to issue a warrant for a search of your home. The building inspector has been given the "golden key" to your privacy. He has the run of your home, business, or place of worship.
So if you hear a knock at your door, you may want to flush the commode and sweep the floors because if he walks in and sees "unsanitary" or unsafe conditions he can evict you from your home immediately. (You may want to thank your mayor for this disturbance to your peace.)
you better hope this doesn't happen to you, they will burn your house!
ReplyDeleteWill the building inspector be accompanied by and Deputy or State police trooper or officer? Because no one has to let a building inspector in with out a warrant. That is final. IF some law enforcement come with the inspector for "security purposes" this is intimidation and people will be being fooled mislead, or fraudulently implied that there is some kind of legal authority. Which which they do NO have. NOT unless they have a warrant & a proper reviewed and legally complaint warrant that must under WHAT authority, then under WHAT codes, and then upon whom granted it and claims this is a founded warrant, then must cite purpose of inspection and limitations. IF any LEOS try to come in to, they are subject to have another kind of warrant as they could misuse this entry and violation of the 4th amendment against you, as they have NO probable cause or authority and only enforce WV code and this in not compliant with West Virginia Code, that must be complaint with Federal Code, and constitutional rights and protections.
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