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Did Marcavage Have His 4th Amendment Rights Violated?

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  Tags: law   4th amendment   property rights   warrantless search

Background

In Pennsylvania, Michael Marcavage has refused to allow city officials into his duplex which he partially rents out claiming that warrantless searches are prohibited by the 4th amendment of the consititution. He has received a citation for not allowing the warrantless searches on his property.[1]

The city is acting on an ordinance that allows warrantless searches on rental properties for inspection.[1]

Is the city violating Michael Marcavage's 4th amendment rights?
 

Arguments For

Yes, this is a violation of the 4th amendment

His property, regardless of what it is used for, should not be subject to a warrantless search under the constitution of the United States of America.

Arguments Against

No, this is not a violation of the 4th amendment

Rental properties are different from homes and inspections are necessary.
Michael is abusing or misinterpreting the privilege of the 4th amendment to allow him to conduct a poor business practice.
Restaurants, and many other businesses, are frequently inspected for health.

Sources


 1  City to homeowner: Let us in, or get out

User Comments & Opinion

 
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I think the city should be allowed to inspect rental properties but not homes without a warrant. Rental properties are a business. This is not a violation of the 4th amendment, even if he lives in his duplex. The area of the duplex where he lives should be protected by the 4th amendment, but the rental area is a business. - jennyhooah (twitter) vote up image vote down image 0
 
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