A
VI
TU
IS
M
F.A.C.E #2 FUNDAMENTALS OF
O
CODE ENFORCEMENT
A
QUESTIONS AND ANSWERS
N
WITH DIAGRAMS FOR BETTER
JP
UNDERSTANDING
,Fourth Amendment
defines no unreasonable searches and seizures without a warrant; right to privacy
Fourteenth Amendment
Under this amendment no person shall be denied equal protection of the law and that everyone
shall be afforded due process
A
Article 1 section 23
It's a Florida statue that Gives citizens the right to privacy "right to be left alone" in the Florida
VI
Constitution
TU
Substantive due process
Must bare some rational relationship to a legitimate governmental function and must be
compatible with individuals liberty
IS
Discriminatory enforcement
Sort of like selective enforcement
M
Substantive and procedural
Due process categories
O
substantive due process
A
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
N
procedural due process
JP
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
Prohibits the regulation of property and business affairs in ways that are arbitrary, capricious
and unreasonable
Village of belle Terrell v. Boraas
,Fourteenth Amendment case study. Local zoning ordinance limited occupancy of single family
residential property. Benefits outweighs public
Moore v East Cleveland
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.
A
due process
Involves the right of violator to receive notice of proceedings and the right to a hearing
VI
Bishop v. Woods
TU
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
IS
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
M
system
O
Fifth amendment and just compensation
Requires that private property not be taken for public use without payment of just compensation.
Owners can challenge and no interest interest balancing required
A
Fourth Amendment and right of entry
N
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
JP
requirements (plain view, exigent circum..)
Camara v. Municipal Court of San Francisco
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
, Ways you get authoriazation to enter
Plain view
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.
A
Emergency and 4th Amendment right to entry
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
VI
the owner and without a warrant. - last resort thought seek consent first or warrant
TU
Michigan v. Tyler
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
IS
Section 933.20
Fla statue for inspection warrants
M
Inspection warrant delivery rules
O
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
A
14th amendment and equal protection
N
Every one gets treated the same. It would be a violation of protected class is violated: age, race,
religion, sex, national origin
JP
Chapter 162
FL statues is the most important law affecting code enforcement
Yuck Wo v Hopkins
Selective enforcement case study under 14th amendment. Showed stark pattern that it violated
the 14th amendment and selective enforcement was used on Chinese.
VI
TU
IS
M
F.A.C.E #2 FUNDAMENTALS OF
O
CODE ENFORCEMENT
A
QUESTIONS AND ANSWERS
N
WITH DIAGRAMS FOR BETTER
JP
UNDERSTANDING
,Fourth Amendment
defines no unreasonable searches and seizures without a warrant; right to privacy
Fourteenth Amendment
Under this amendment no person shall be denied equal protection of the law and that everyone
shall be afforded due process
A
Article 1 section 23
It's a Florida statue that Gives citizens the right to privacy "right to be left alone" in the Florida
VI
Constitution
TU
Substantive due process
Must bare some rational relationship to a legitimate governmental function and must be
compatible with individuals liberty
IS
Discriminatory enforcement
Sort of like selective enforcement
M
Substantive and procedural
Due process categories
O
substantive due process
A
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
N
procedural due process
JP
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
Prohibits the regulation of property and business affairs in ways that are arbitrary, capricious
and unreasonable
Village of belle Terrell v. Boraas
,Fourteenth Amendment case study. Local zoning ordinance limited occupancy of single family
residential property. Benefits outweighs public
Moore v East Cleveland
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.
A
due process
Involves the right of violator to receive notice of proceedings and the right to a hearing
VI
Bishop v. Woods
TU
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
IS
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
M
system
O
Fifth amendment and just compensation
Requires that private property not be taken for public use without payment of just compensation.
Owners can challenge and no interest interest balancing required
A
Fourth Amendment and right of entry
N
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
JP
requirements (plain view, exigent circum..)
Camara v. Municipal Court of San Francisco
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
, Ways you get authoriazation to enter
Plain view
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.
A
Emergency and 4th Amendment right to entry
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
VI
the owner and without a warrant. - last resort thought seek consent first or warrant
TU
Michigan v. Tyler
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
IS
Section 933.20
Fla statue for inspection warrants
M
Inspection warrant delivery rules
O
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
A
14th amendment and equal protection
N
Every one gets treated the same. It would be a violation of protected class is violated: age, race,
religion, sex, national origin
JP
Chapter 162
FL statues is the most important law affecting code enforcement
Yuck Wo v Hopkins
Selective enforcement case study under 14th amendment. Showed stark pattern that it violated
the 14th amendment and selective enforcement was used on Chinese.
