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CA8: Just because ordinance permits entry does not make it unconstitutional on its face, but it could be as applied by city

By John Wesley Hall, Jr.

City ordinance says it permits entry for trash cleanup and enforcement. It is not unconstitutional on its face. “If action taken pursuant to that authority violates Fourth Amendment warrant requirements, the resulting criminal prosecution may be tainted, but that does not render the authorizing statute unconstitutional. See, e.g., Camara v. Municipal Court, 387 U.S. 523, 87 S. Ct. 1727, 18 L. Ed. 2d 930 (1967).” The entry to his property over the driveway was reasonable under United States v. Dunn. The garage was 30'-45' from the house, so that made it not curtilage. Nikolas v. City of Omaha, 2010 U.S. App. LEXIS 9974 (8th Cir. May 17, 2010): Applying the multi-factor test in United States v. Dunn, 480 U.S. 294, 301, 107 S. Ct. 1134, 94 L...continue to full post

Full post as published by Fourth Amendment on May 18, 2010 (boomark / email).