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TL;DR: Idiot housing authority thought it would be a good idea to let local police "train" their K9's at tenant's apartments during scheduled inspections. Some tenants know their rights and now the housing authority and police department both look like complete morons.
Your Mileage May Vary. There are many local ordinances requiring periodic inspection of rental units and I've never seen a court support the "constitutional rights" of the tenants.
That is absolutely appalling! I don't buy that she didn't know she was violating their rights. I'll bet she was required to go to all types of discrimination training, etc., as these housing authorities are funded by federal, state, county and city funds, usually. So, she should have had HUD training. What an abuse of power. She's scary. Hope she gets fired. And sued.
What a town! And the police department did this, and you know they knew they were violating their rights.
The thing is, from my recollection in a law class, they don't have the protection of having been "invited" into the units, which they could use as far as the rules of evidence. Those tenants believed they did not have a choice. That is not the same thing as an invitation. So, any charges would have been thrown out, because the search was dirty.
Good for that tenant who knew her rights. And she probably can't be kicked out, either, because most subsidized properties have a clause that you can only be kicked out for good cause. So, she was safe to complain, and knew it, I'll bet.
Your Mileage May Vary. There are many local ordinances requiring periodic inspection of rental units and I've never seen a court support the "constitutional rights" of the tenants.
The Constitution protects property rights. The landlord owns the property, and therefore has the right to inspect it.
The Constitution protects property rights. The landlord owns the property, and therefore has the right to inspect it.
I'm talking about local ordinances which require periodic city inspection of rental units. Courts have never ruled that landlords have the right to keep city inspectors out. There was a case in Kalamazoo where landlord and tenant jointly refused a city inspection and the city won in court. So much for the Fourth Amendment.
Note that homeowners would NEVER tolerate annual municipal inspection of their homes, but government can do pretty much anything with or to landlords and tenants.
Yes. However they don't have the right to use K9's to search a property as part of a government agency.
Agreed. The landlord can come in periodically, but the police can't. They don't own the home. The home belongs to the landlord and tenant. No entering by anyone else unless there's a warrant. Period.
The Constitution protects property rights. The landlord owns the property, and therefore has the right to inspect it.
Unless, it becomes an infringement on the right to quiet enjoyment - which is not about noise, but rather the ability to use the property in peace without unreasonable interference.
Let alone the violation of the constitutional right to no search without a warrant.
I know what she was about - she hates pot and the fact that pot is now legal in CO. And she's using the fact that these properties are funded with federal money - which then makes it a breach of the lease agreement to have pot on the property, because pot is still against federal law.
In HUD funded properties, it's in the lease that you can't use pot because it's against federal law, and any HUD funded property is a federal property under federal law.
So, this is her way of getting revenge on the pot smokers in CO who live in her federally-funded buildings - to bust them for pot under the lease and evict them.
What she forgot - and that tenant actually knew - was that the federal constitution also says she can't do illegal searches.
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