Criminal Law/warrants

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Question
What would be the recourse for a judge in a small town giving a warrant to the building inspector to inspect my two family property without just cause, but just because they have instituted a new rental permit law and want to get into my business? By the way, there is no just cause because I am not in violation of any laws nor are my tenants. I know that warrantless inspections without consent is in violation of the 4th amendment to the constitution. Thanks so much

Answer
Stephan,

The recourse would be to file a motion for an order under Code of Civil Procedure staying the action being considered for.  In this case it would be to halt the search warrant.  I would file the motion pro se (on your own) or hire a competent attorney to assist you.  There are grounds that must be met in order for a warrant to be issued.  The support for the warrant must rest on probable cause that violations exist or under some statute or ordinance.  The warrant must be signed by a neutral and detached magistrate or judge.  By way of comparison you must show how no such grounds exist.  

Jeff  

Criminal Law

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Jeffrey Hauck

Expertise

I would welcome the opportunity to answer questions relating to or related to the field of criminal law.

Experience

Criminologist. Professor of Criminal Justice. Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL.

Education/Credentials
Associate of Science; Bachelor of Arts; Master of Science, Doctor of Jurisprudence Degree.

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