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Fourth Amendment Residential Property Owners

The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth... more +
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment.  Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few.    less -
Kerr Russell

Sixth Circuit Upholds Rental Inspection Ordinances: No Fourth Amendment Violation in Conditioning Licenses on Warrantless...

Kerr Russell on

Whether you are a residential rental property owner or a tenant, odds are at some point you are going to encounter a rental inspection ordinance. Following the housing market crash in 2008, rental inspection ordinances grew...more

Bond Schoeneck & King PLLC

Another NY Appellate Division Holds that Appraisers have “No Right” to Inspect a Private Residence under the Fourth Amendment

We previously reported on a Second Department case that held a municipal agent (including a private appraiser hired by a municipality) is not automatically entitled to an inspection of a private residence to prepare an...more

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