F.A.C.E FUNDAMENTALS OF CODE
ENFORCEMENT TEST QUESTIONS ALL
ANSWERED(UPDATED).
Fourth Amendment - Answer defines no unreasonable searches and seizures without a warrant; right to
privacy
Fourteenth Amendment - Answer Under this amendment no person shall be denied equal protection of
the law and that everyone shall be afforded due process
Article 1 section 23 - Answer It's a Florida statue that Gives citizens the right to privacy "right to be left
alone" in the Florida Constitution
Substantive due process - Answer Must bare some rational relationship to a legitimate governmental
function and must be compatible with individuals liberty
Discriminatory enforcement - Answer Sort of like selective enforcement
Substantive and procedural - Answer Due process categories
substantive due process - Answer It is the first category of due process which states that there's a
purpose that justify the ordinance. Has to prove that there's a benefit to the public
procedural due process - Answer Requires Governmental actions depriving of a person liberty or
property be done through a fair procedure with adequate safeguards
Due process 5th and 14th Amendments - Answer Prohibits the regulation of property and business
affairs in ways that are arbitrary, capricious and unreasonable
Village of belle Terrell v. Boraas - Answer Fourteenth Amendment case study. Local zoning ordinance
limited occupancy of single family residential property. Benefits outweighs public
,Moore v East Cleveland - Answer Fourteenth Amendment case study. Precedent case is village of belle.
Was found unconstitutional because it interferes with family relationship. Single family should not be
defined so narrowly as to prevent close relatives from residing together.
due process - Answer Involves the right of violator to receive notice of proceedings and the right to a
hearing
Bishop v. Woods - Answer A case study where the Under 14th amendment was violated. It is a Due
process case. An Employee dismissed from his position without formal hearing and due process. Upheld
Interest balancing test - Answer Used by courts to decide what process is due. 1. The magnitude of the
private interest at stake
2. The risk of error in the procedures used
3. the magnitude of the governments interest, including administrative costs of the hearing system
Fifth amendment and just compensation - Answer Requires that private property not be taken for
public use without payment of just compensation. Owners can challenge and no interest interest
balancing required
Fourth Amendment and right of entry - Answer Search of a violator property is per se unreasonable if it
takes place: without a warrant, without the consent of the owner; not within one of recognized
exceptions to the general warrant requirements (plain view, exigent circum..)
Camara v. Municipal Court of San Francisco - Answer A case where there's was a Violation of fourth
Amendment. Warrant was required to make routine inspections of resident lap structures and occupant
who refuses to give consent to an inspection cannot be prosecuted for violation of law requiring
municipal orders.
Consent and warrant - Answer Ways you get authoriazation to enter
Plain view - Answer When a violation can be viewed from streets and sidewalk or other locations, no
warrant is required, inspector can cite. Can also write up any violations that maybe seen before
approaching front door.
, Emergency and 4th Amendment right to entry - Answer If an inspector has reason to believe that an
emergency exists in a particular area which might cause immediate harm to the general public, an
inspection maybe conducted without consent of the owner and without a warrant. - last resort thought
seek consent first or warrant
Michigan v. Tyler - Answer 4th Amendment case on emergency situations. Police made arrest for arson
but had no search warrant. After emergency was over, police had ample time to obtain a warrant.
Violation of 4th Amendment
Section 933.20 - Answer Fla statue for inspection warrants
Inspection warrant delivery rules - Answer Shall not be made between 6pm of any way and 8am on
Saturday. Sunday or any legal holiday absence of owner of owner or occupant over he age of 18 years of
the particular place. Given at least 24 hrs
14th amendment and equal protection - Answer Every one gets treated the same. It would be a
violation of protected class is violated: age, race, religion, sex, national origin
Chapter 162 - Answer FL statues is the most important law affecting code enforcement
Yuck Wo v Hopkins - Answer Selective enforcement case study under 14th amendment. Showed stark
pattern that it violated the 14th amendment and selective enforcement was used on Chinese.
Stark pattern - Answer Shows intentional selective enforcement aimed at a suspected class- 14th
amendment. Violates equal protection
Meristem v. Metro Dade - Answer 14th Amendment. Courts found that even if ordinance had never
been enforced against anyone, it does not constitute a violation of equal protection of the defendant is
not a member of the suspects class
Owen v state - Answer 14 Amendment. Court found that legitimate governmental purpose being served
in that selective enforcement. Selective enforcement okay in this case!
ENFORCEMENT TEST QUESTIONS ALL
ANSWERED(UPDATED).
Fourth Amendment - Answer defines no unreasonable searches and seizures without a warrant; right to
privacy
Fourteenth Amendment - Answer Under this amendment no person shall be denied equal protection of
the law and that everyone shall be afforded due process
Article 1 section 23 - Answer It's a Florida statue that Gives citizens the right to privacy "right to be left
alone" in the Florida Constitution
Substantive due process - Answer Must bare some rational relationship to a legitimate governmental
function and must be compatible with individuals liberty
Discriminatory enforcement - Answer Sort of like selective enforcement
Substantive and procedural - Answer Due process categories
substantive due process - Answer It is the first category of due process which states that there's a
purpose that justify the ordinance. Has to prove that there's a benefit to the public
procedural due process - Answer Requires Governmental actions depriving of a person liberty or
property be done through a fair procedure with adequate safeguards
Due process 5th and 14th Amendments - Answer Prohibits the regulation of property and business
affairs in ways that are arbitrary, capricious and unreasonable
Village of belle Terrell v. Boraas - Answer Fourteenth Amendment case study. Local zoning ordinance
limited occupancy of single family residential property. Benefits outweighs public
,Moore v East Cleveland - Answer Fourteenth Amendment case study. Precedent case is village of belle.
Was found unconstitutional because it interferes with family relationship. Single family should not be
defined so narrowly as to prevent close relatives from residing together.
due process - Answer Involves the right of violator to receive notice of proceedings and the right to a
hearing
Bishop v. Woods - Answer A case study where the Under 14th amendment was violated. It is a Due
process case. An Employee dismissed from his position without formal hearing and due process. Upheld
Interest balancing test - Answer Used by courts to decide what process is due. 1. The magnitude of the
private interest at stake
2. The risk of error in the procedures used
3. the magnitude of the governments interest, including administrative costs of the hearing system
Fifth amendment and just compensation - Answer Requires that private property not be taken for
public use without payment of just compensation. Owners can challenge and no interest interest
balancing required
Fourth Amendment and right of entry - Answer Search of a violator property is per se unreasonable if it
takes place: without a warrant, without the consent of the owner; not within one of recognized
exceptions to the general warrant requirements (plain view, exigent circum..)
Camara v. Municipal Court of San Francisco - Answer A case where there's was a Violation of fourth
Amendment. Warrant was required to make routine inspections of resident lap structures and occupant
who refuses to give consent to an inspection cannot be prosecuted for violation of law requiring
municipal orders.
Consent and warrant - Answer Ways you get authoriazation to enter
Plain view - Answer When a violation can be viewed from streets and sidewalk or other locations, no
warrant is required, inspector can cite. Can also write up any violations that maybe seen before
approaching front door.
, Emergency and 4th Amendment right to entry - Answer If an inspector has reason to believe that an
emergency exists in a particular area which might cause immediate harm to the general public, an
inspection maybe conducted without consent of the owner and without a warrant. - last resort thought
seek consent first or warrant
Michigan v. Tyler - Answer 4th Amendment case on emergency situations. Police made arrest for arson
but had no search warrant. After emergency was over, police had ample time to obtain a warrant.
Violation of 4th Amendment
Section 933.20 - Answer Fla statue for inspection warrants
Inspection warrant delivery rules - Answer Shall not be made between 6pm of any way and 8am on
Saturday. Sunday or any legal holiday absence of owner of owner or occupant over he age of 18 years of
the particular place. Given at least 24 hrs
14th amendment and equal protection - Answer Every one gets treated the same. It would be a
violation of protected class is violated: age, race, religion, sex, national origin
Chapter 162 - Answer FL statues is the most important law affecting code enforcement
Yuck Wo v Hopkins - Answer Selective enforcement case study under 14th amendment. Showed stark
pattern that it violated the 14th amendment and selective enforcement was used on Chinese.
Stark pattern - Answer Shows intentional selective enforcement aimed at a suspected class- 14th
amendment. Violates equal protection
Meristem v. Metro Dade - Answer 14th Amendment. Courts found that even if ordinance had never
been enforced against anyone, it does not constitute a violation of equal protection of the defendant is
not a member of the suspects class
Owen v state - Answer 14 Amendment. Court found that legitimate governmental purpose being served
in that selective enforcement. Selective enforcement okay in this case!
