City to homeowner: Let us in, or get out

POLICE STATE, USA
Posted: October 04, 2009
11:33 pm Eastern

By Drew Zahn
© 2009 WorldNetDaily


City notice posted on Michael Marcavage's duplex

A Pennsylvania man who refuses to allow city officials to enter his home without a warrant has been forced out to stay in a hotel instead, evicted by a notice posted on his door that forbids him from using or occupying the building he owns.

Borough Ordinance No. 1188 of Lansdowne, Penn., requires all rental properties – including the private residence of the landlord, if he lives onsite – be subjected to annual inspections, with or without a warrant.

But Michael Marcavage, who lives in half of a Lansdowne duplex he owns, renting out the other half, believes the city knocking on the door and demanding warrantless entrance and inspection of his private residence – just because it also happens to be part of a rental building – is a violation of the U.S. Constitution's Fourth Amendment.

The Fourth Amendment states in part, '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.'

Marcavage has not been accused of any wrongdoing, nor has any warrant been sought to inspect his property. In fact, he's been fighting the borough's rental inspection ordinance as unconstitutional for years, both for himself and his tenants. He's even been issued a citation and fine in the past for refusing to permit warrantless search of his home.

But earlier this week, the borough stepped up the battle.

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