Monday, December 31, 2012

Nelson vs. City of Rochester

Motion For Leave To File And Brief Of Amici Curiae CATO Institute, Reason Foundation, Minnesota Free Market Institute, And Libertarian Law Council In Support Of Petitioners | Nelson v. City of Rochester | Cato Institute - JDSupra:

Dec. 23, 2012 - "Rochester, New York, issued administrative warrants against petitioners’ homes based solely on the fact that a six-year period had expired under the local inspection law. The Fourth Amendment, however, prohibits the issuance of general warrants to search private dwellings. The authorities claim to seek evidence of housing, zoning, or other administrative code violations, of course, but they lack individualized suspicion that any of the renters are engaged in such wrongdoing. Indeed, these home invasions are exactly what the Fourth Amendment was intended to prohibit: In colonial days, the Crown granted British officials general search powers against any home they wished, at any time, for any or no reason. In Rochester, the warrants remain valid for 45 days, permitting multiple entries by city employees and courts are no longer involved after issuing the warrants. These administrative warrants sanction videotaping and photography of the home, which becomes publicly available online."

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