Highland case a Fourth Amendment victory: Guest commentary – Redlands Daily Facts

The doorbell to the home you are renting rings. You open it to find a city code enforcement officer asking to do an interior inspection. The officer unveils a list of 80 items to check. There will be snooping through cupboards and drawers, bathrooms, bedrooms and closets.

You feel extremely uncomfortable with the idea of a stranger rummaging through your home, and you wonder why the city feels its needed. After all, if theres a problem with the property, all you need to do is call the owner. It you dont get satisfaction, you could contact code enforcement at that point.

So, you politely tell the officer, I do not want you to inspect the inside of my home.

The officer responds that the inspection is required by city law, and the owner will get in trouble if you dont let me in.

You reply, Im sorry, but without a warrant you cannot come in.

This is a true story, showing how the tenants in a Highland rental home that I own became caught up in the citys systematic assault on privacy rights.

Highland developed a plan to inspect all 4,800 residenti al rentals, whether or not there were any issues with the properties. Officials also decided to cut corners and not seek judicial approval to enter dwellings. Instead, they would pressure owners and renters to allow inspectors in.

My tenants certainly had no complaints about their rental home; it is well-maintained, as with all my properties. They had no reason to want officials intruding on their privacy, so they refused to agree to the inspection, as did I.

The city responded by issuing me a fine, and withholding my rental license in order to force me to comply.

Some property owners might have given in at that point, unwilling to fight city hall. But I have a strong reverence for the Constitution and Americas heritage of liberty, and I was determined not to let the citys coercion go unchallenged. Along with my tenants, I filed a lawsuit in federal court, represented free of charge by Pacific Legal Foundation, a watchdog organization for property rights and individual liberty.

Our case rested on the Fourth Amendment freedom from unreasonable searches. This is a core liberty, part of the Bill of Rights. It reads as follows:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

You dont need to be a legal scholar to interpret these words. In order for a government agent to enter a private home without permission, a warrant must be obtained.

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The good news is that, in the wake of our lawsuit, the city has now repealed its invasive inspection scheme, replacing it with an owners self-inspection program. Highland can now focus enforcement resources on the small number of real problem cases, instead of unnecessarily disturbing the privacy of rental-home residents.

Tenants are customers. Like any business, if you dont take care of your customers they will give their business to someone else. Rental owners want happy, long-term tenants. That is why the vast majority of owners do a good job taking care of their customers.

Whether you own or rent, the Fourth Amendment protects you from warrantless searches of your personal effects, in your private home. It is a precious liberty that we should all cherish.

Unfortunately, Highland is far from alone in imposing oppressive, unjustified search and inspection schemes for rental homes. But the victory that my tenants and I have achieved in Highland should send a message to cities throughout California: They need to bring their code enforcement into conformity with the Constitution.

Karl J. Trautwein, a resident of San Juan Capistrano, owns rental homes in Highland and other Southern California communities.

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Highland case a Fourth Amendment victory: Guest commentary - Redlands Daily Facts