Property Rights Issues at Stake

[Cabin4]

http://www.wnd.com/index.php?fa=PAGE.view&pageId=111795

Man in Philadelphia challenges city building inspectors of unwarranted search of private property. City exacts retribution on him!

[powderman]

All I got was survival seed foodbank. ??. POWDERMAN. 

[Cabin4]

Opens fine for me. There is an add for the survival food thing at the top. Give it a few seconds to load up. It should be there.

[rak55]

if he wanted to fight city hall then he should have done it when they were passing the ordinance for rental inspections, and that's the biggest problem I see here in PA which is that no one wants to take time out of their life to go to city hall when council is coming up with ideas to try and stop them but afterwards then they want to fight them after it's too late.

[PA-Joe]

Industries that get USEPA permits (air, water, haz waste) also must agree to warrantless searches! It's written into the permtis. Been going on for 30+ years.

[Graybeard]

Just one more in a long line of usurpations of our freedom and rights in this country. The folks in charge want nothing less than full and total control of our lives. The day must come when we bow to them and let them control us like slaves or we fight back. I have to wonder which it will be.

[Cabin4]

Clearly this is a perfect violation of the 4th amendment. This guy should prevail in court with a good attorney. If he does, it will force the city to abate its unconstitutional practices in this area.

[rak55]

if he would have gone to council meetings he may have been able to stop it or have it amended at that stage before it was a law, but it appears like most they blow it off til it's too late then people with cabin4's mentality is take it to court til they find out how much it costs. to go to federal court and challenge a state law using an amendment would cost over $100,000 so most drop out and give in.

[Cabin4]

if he would have gone to council meetings he may have been able to stop it or have it amended at that stage before it was a law, but it appears like most they blow it off til it's too late then people with cabin4's mentality is take it to court til they find out how much it costs. to go to federal court and challenge a state law using an amendment would cost over $100,000 so most drop out and give in.

You obviously don't know anything about the property rights or this particular case to come to that elementary assessment and ridiculous conclusion. Now we know why we have these issues in our country because people with your mentality let the government railroad you into thinking this bull crap is acceptable.

[rak55]

unfortunately I learned alot about how the court systems work today that I won't go into but you may also find out some day with your mentality, do yourself a favor and try asking a lawyer.

[dukkillr]

Anyone know if he's this Michael Marcavage?
http://www.paed.uscourts.gov/documents/opinions/05D1422P.pdf

Plaintiff, Michael Marcavage, a former Temple University student, filed this action on
October 23, 2000. The Complaint alleged that Defendants Board of Trustees of Temple University
of the Commonwealth System of Higher Education, William Bergman, and Carl Bittenbender
violated his First, Fourth and Fourteenth Amendment rights when they obtained his involuntary
2
commitment at Temple University Hospital for emergency psychiatric evaluation, allegedly in
retaliation for his religious beliefs and efforts to stage a demonstration in support of his beliefs on
campus.

If so, I'd look deeper because he may simply be crazy...  As the article is written, it appears to be a legit fourth amendment issue but I was unable to confirm with any other source.

[Cabin4]

Yes, now he is crazy and pissed off and rightfully so because the stupid, worthless, over paid, bureaucratic, do nothing city screw ball inspectors have now locked him out of his primary residence, not the rental units! So much for unwarranted seizure of personal property. Obviously rak55 has missed this small yet enormously significant 4th amendment detail.

Anyone who would think this guy does not have a legitimate 4th amendment claim, must conclude there is no 4th amendment or you are a worthless inspector or just a sheep.

[dukkillr]

Yes, now he is crazy and pissed off and rightfully so because the stupid, worthless, over paid, bureaucratic, do nothing city screw ball inspectors have now locked him out of his primary residence, not the rental units! So much for unwarranted seizure of personal property. Obviously rak55 has missed this small yet enormously significant 4th amendment detail.

Anyone who would think this guy does not have a legitimate 4th amendment claim, must conclude there is no 4th amendment or you are a worthless inspector or just a sheep.

So that is a yes?  Is he the guy confined in a mental institution while he was in college and then he sued everyone (and lost)?

Can you provide any type of confirmation on this case?  I couldn't find anything other than the one link you posted and I'm skeptical of some of the facts.  I promise I understand the fourth amendment, probably on a deeper level than most. 

[PA-Joe]

Slum landlords in urban areas are a major problem. They charge high rents and never make any repairs on their property. Many of them get Section 8 federal funding to help tennants off-set the rental costs. Citys are now inspecting properties and condemning them. They call them Maintenance and Repair Ordinances. In other cases people own properties in the city never occupy them and let them be taken over by drug dealers.

How do you expect the government to handle such situations and demolish such unsafe buildings?   

[Dee]

Property rights are quickly disappearing in this country by two means. One is Eminent Domain under the Democratic administrations where # 1"spreading the wealth" is the OPENLY DISPLAYED MOTTO, and Eminent Domain under the Republican administrations for # 2 "the good of the people". One is done openly, and one is done BY COMPROMISE. Both accomplish the exact same thing.
Take Eminent Domain here in Texas regarding the NEED for a new Dallas Cowboys Football stadium. NEED INDEED?
Hmmmm,  Mr. Jones and company thru politics (Texas is largely Republican) was able to kick folks out of their homes at a price per unit that was far below market value. There was much discussion, from both sides, but in the end, the stadium was built.
So much for 4 Amendment rights, and so much for THE REPUBLIC! THE REPUBLIC IS DEAD! It has been dead for some time now.
The Democrats want it NOW! The Republicans are willing to COMPRIMISE it away a little at a time in the NAME OF CONSERVATISM .
Eminent Domain is a badly abused system in this country that is more and more MIS-CONSTRUED, and 4th Amendment be damned.
Democrats are Marxists, and Republicans are Socialists, with the gap between the two closing rapidly.
Conservative has become a joke as most people have either forgotten what it was to be one or, never actually knew. Folks continue to CALL THEMSELVES CONSERVATIVES, while all the while voting for a Socialist candidate while either expecting, or hoping for a Conservative outcome, and blaming those whom will not drink their brand of kool aide, when their so called Conservative but, actually Socialist candidate either looses or betrays them when elected.
Individualism is out in government, and Individualism is most certainly out in the voting booth. Kinda Sorta agree is in the voting booth and we continue to pay for it out the nose. But still they vote.

[slim rem 7]

delete

[rak55]

lots of folks say you can't fight city hall but in reality you can fight and win but a lot of it is timing, this case sounds like he didn't do a thing to try to stop inspections when he should have as a landlord, then he moved into or was living in the same building that was considered a rental building under the new ordinance which called for inspections on any or all apartments, rooms, houses with no regard as to who if anyone was living there just to insure the maintenance and upkeep was being done period.

[gypsyman]

This looks like a perfect case for the ACLU. Wonder if he's tried to contact them. Their always trying case's for liberal cause's, lets see if they can do one for our side.    gypsyman

[ms]

HOW THE USA-PATRIOT ACT EXPANDS LAW ENFORCEMENT "SNEAK AND PEEK" WARRANTS

The final version of the anti-terrorism legislation, the Uniting and Strengthening America By Providing Appropriate Tools Required To Intercept and Obstruct Terrorism (H.R. 3162, the "USA PATRIOT Act") would allow law enforcement agencies to delay giving notice when they conduct a search. This means that the government could enter a house, apartment or office with a search warrant when the occupant was away, search through her property and take photographs, and in some cases seize physical property and electronic communications, and not tell her until later. This provision would mark a sea change in the way search warrants are executed in the United States.

The Fourth Amendment protection against unreasonable searches and seizures requires the government to both obtain a warrant and to give notice to the person whose property will be searched before conducting the search. The notice requirement enables the person whose property is to be searched to assert her Fourth Amendment rights. For example, a person with notice might be able to point out irregularities in the warrant, such as the fact that the police are at the wrong address, or that because the warrant is limited to a search for a stolen car, the police have no authority to be looking in dresser drawers. The Supreme Court recently affirmed that notice is a key Fourth Amendment protection. However, it has not ruled on the constitutionality of sneak and peek searches.

The major rationale for requiring a warrant before conducting a search is to ensure that a neutral and detached third person - usually a magistrate - will review a warrant prior to issuance. The invasion of privacy must be held to a minimum. In a covert search warrant, there are often no limitations on what can or will be searched. Any protections afforded by a warrant are meaningless when the searching officer has complete and unsupervised discretion as to what, when and where to search and the individual owner is not provided notice so cannot assert and protect her rights.

The government already has the authority, in limited situations, to delay notification, for searches of some forms of electronic communications that are in the custody of a third party. It must show the judge that if the person to be searched is given notice, one of the five things will happen - (1) an individual's physical safety will be endangered, (2) someone will flee prosecution, (3) evidence will be tampered with, (4) potential witnesses will be intimidated or, (5) an investigation would be jeopardized or a trial unduly delayed.

Section 213 would take an extremely limited authority and expand it so that it would be available in any kind of search (physical or electronic) and in any kind of criminal case. The standard that law enforcement must show - that an investigation will be jeopardized - is a very low one. Law enforcement agents will seek to delay notification whenever it is to their advantage to do so. Over time, the delayed notice "exception" would become the rule and would deal another serious blow to the privacy protections afforded by the Fourth Amendment.

Even though this provision is one of the most far-reaching of all of the search provisions in the bill, unlike many of those provisions, it does sunset is a permanent change in the law.

[Cabin4]

Some information on the Plaintiff:

http://www.jesus-is-savior.com/Evils%20in%20Government/Police%20State/god_bless_michael_marcavage.htm

Michael Anthony Marcavage is the founder of the Philadelphia, Pennsylvania-based Christian organization Repent America. Marcavage's weblog profile states:

"Michael Marcavage is a born again Christian who resides in 'No Place For Hate' Lansdowne, Pa. He is a broadcast journalism graduate from Temple University, and currently serves [as] the director of Repent America, a national evangelistic organization, based in Philadelphia, Pa."
In January 2005 Philadelphia Inquirer reporter Kathy Bocella reviewed Marcavage's activism and run-ins with the law. She reported that he had been arrested in San Francisco for protesting against gay marriages. [1]

In January 2005 Marcavage appeared on the Fox News program, Hannity & Colmes. Alan Colmes put it to Marcavage that "you were arrested, by the way, in 2002 trying to interfere with workers covering a Ten Commandments plaque, arrested in San Francisco for confronting same-sex couples getting marriage licenses. You have a history of being arrested at demonstrations, confronting people in situations like this, correct?". Marcavage responded: Well, that is correct. Dr. Martin Luther King was arrested many times, too. But the fact is, we were simply exercising peaceful protest in each of those examples." [2]

"Prior to the [2000] election [Marcavage] urged voters not to support Bush, whom [he] thinks is too liberal because he appointed a gay ambassador ('There are people representing the U.S. in Romania sodomizing each other'), and hasn’t overturned Roe V. Wade yet," S.Z. added.


According to his "Complaint for Civil Rights Violations, Declaratory Judgment, and Damages" filed against the Temple University Board of Trustees, Marcavage was a White House intern in 1998 during the administration of President Bill Clinton:

"Plaintiff Michael Anthony Marcavage is twenty-one (21) years old and a citizen of the United States and a resident of Philadelphia Pennsylvania - At all times pertinent to this lawsuit, he was twenty (20) years old and a full-time undergraduate student studying broadcast jounalism at Temple University. He is a Dean's List student, and was an intern, with security clearance, in the Executive Branch of the United States Government (West Wing of the White House) in 1998."

Now I think we know why there is a crusade against this man by the stupid city he lives in. Is this not what the Bill of Rights is for? To protect people from this type of persecution and tyrannical actions of the government? The city council is on a Gay crusade and this guy has openly voiced his opinion about their antics and this is nothing more than retribution against him.

Which one of you, are willing to give up your private residence to unwarrantless and unreasonable inspections by the government? Its meaningless that it's written into the city ordinance......what city has a right to violate your 4th amendment rights? Just because some moron on a city council wrote it into the policy? They have no right to write-off our constitutional rights?


This has all the sounds of the other stupid out of control city councils that write local ordinances outlawing firearms. Cities like Morton Grove Illinois tried this and got away with it for years because the sheep of the town put up with it. At least this guy is standing up against the clear infringement of the 4th.

[rak55]

yes well, I believe Michael forgot the part in the bible that states you are to obey government and as a christian myself I know sometimes it's very difficult to bow down to those type of folks in government that you don't believe are correct or should even hold that position but it was allowed to be that way. if he's professing christianity then he really needs to seek the lord on this and pray for guidance because he's going about it the wrong way and will lose without the lord fighting the battle. please send this to him if you can so it will open his eyes to the truth.

[Cabin4]

yes well, I believe Michael forgot the part in the bible that states you are to obey government and as a christian myself I know sometimes it's very difficult to bow down to those type of folks in government that you don't believe are correct or should even hold that position but it was allowed to be that way. if he's professing christianity then he really needs to seek the lord on this and pray for guidance because he's going about it the wrong way and will lose without the lord fighting the battle. please send this to him if you can so it will open his eyes to the truth.

I will but I will also remind him of these:

IN CONGRESS, JULY 4, 1776
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from their just powers from the consent of the governed"

Amendment 4 - Search and Seizure.
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.


Thomas Jefferson to Samuel Kercheval, 1816
"The true foundation of republican government is the equal right of every citizen in his person and property and in their management."

[rak55]

you may let him know but the words of christ will mean a lot more then the words of any man. I'm certain that if he hands the problem over to the lord then he'll have already won.

[SHOOTALL]

Many states now adopt the National Building Code . A few code changes back the Maintance code was added . This code allows inspection of any building the "code offical " deems it nessary . It also allows work to be orderd done , grass cut etc and billed to the owner . Here its used to end the slum lords .
Much like the Game warden can come in with out warrant .
This case is the first i have heard about it will be a good test . Hope he wins .
 Guess with work slack they need something for inspectors to do .

[Dee]

yes well, I believe Michael forgot the part in the bible that states you are to obey government and as a christian myself I know sometimes it's very difficult to bow down to those type of folks in government that you don't believe are correct or should even hold that position but it was allowed to be that way. if he's professing christianity then he really needs to seek the lord on this and pray for guidance because he's going about it the wrong way and will lose without the lord fighting the battle. please send this to him if you can so it will open his eyes to the truth.

Taken out of context, in obeying the government. God tells us to obey the law of the land, AS LONG AS IT IS SCRIPTURALLY RIGHT.
I would be very interested in you quoting the scripture YOU, YOURSELF, are referring to in regards to OBEYING GOVERNMENT as a Christian.
The present government says: it is lawful to tear innocent babies from the wombs of mothers, while God says: I knew you while you were still in the womb. DO YOU AGREE WITH THE GOVERNMENT OR GOD? AND! He also says" You would be better off with a mill stone around your neck at the bottom of the sea, rather than harm a child. WITH THE PREVIOUS STATEMENT, ONCE AGAIN, GOVERNMENT OR GOD? YOUR RESPONSE PLEASE.
He also instructed His deciples to BUY SWORDS when the went on their evangelism missions.

SO! If YOUR are professing Christianity in you synopsis of this man's behavior. STATE YOUR CASE WITH SCRIPTURE SURE. I'm listening.

[rak55]

Dee, where do you see the maintenance and repair ordinance as not scripturally correct ? that's the law the people allowed their duly elected officials to set forth for the good of all.

[Cabin4]

Dee, where do you see the maintenance and repair ordinance as not scripturally correct ? that's the law the people allowed their duly elected officials to set forth for the good of all.

It is not a law. It is written in a city ordinance/policy. Elected officials pass all sorts of laws, ordinances & institute polices that are in violation of our constitution. The constitution is the law of this land and no official elected or other can take that away from you. They take an oath to uphold the constitution and if they violate that oath they are breaking vow to people, God & country. I know of no bible passage that supports violating the high oath.

[rak55]

once again I'll go back to what I stated earlier, it's up to the people to stop laws, rules, regulations from being set forth by the officials they have in office and it needs to be done before hand by all parties and if it can't be then it's for the good of all and should be obeyed until over turned which you see he followed the order to stay out of his building.

[dukkillr]

This looks like a perfect case for the ACLU. Wonder if he's tried to contact them. Their always trying case's for liberal cause's, lets see if they can do one for our side.    gypsyman

That was the first thing that came to my mind too... The ACLU usually does a good job on Fourth Amendment cases... That was one of the reasons I was looking for confirmation on the facts and/or the mental status of the subject.

[Cabin4]

This looks like a perfect case for the ACLU. Wonder if he's tried to contact them. Their always trying case's for liberal cause's, lets see if they can do one for our side.    gypsyman

That was the first thing that came to my mind too... The ACLU usually does a good job on Fourth Amendment cases... That was one of the reasons I was looking for confirmation on the facts and/or the mental status of the subject.

Given the anti Christian posture of the ACLU, I'm certain they would toss this guy aside in a heart beat if they were to look at his affiliations. The ACLU has track record of fighting for the rights of those segments of society that meet thier over arching political agenda.The constitution is just a weapon for them.