29/ “THE U.S. SUPREME COURT UPHELD SEARCHES OF RENTAL PROPERTIES”: The nine angry landlords of Red Wing were back in front of the Minnesota Supreme Court two years later.
The district court had ruled that the U.S. Supreme Court had upheld administrative searches of rental units for health and safety purposes if there was no evidence of municipal abuse or misconduct, even if there was no individual reason to suspect violations. The Court of Appeals upheld the City ordinance.
Chief Justice Gildea joined Justice Alan Page writing for the unanimous Supreme Court in upholding the City ordinance under those guidelines. The Supreme Court upheld the local ordinance because district judges were free to deny applications for individual searches unless the City could show probable cause to seek a warrant for a property.
“We conclude that the ordinance’s warrant mechanism for Licensing Inspections can be applied constitutionally, even under appellants’ view of the law, because a district court may require individualized suspicion before issuing a warrant in a particular case. Because the law can be applied constitutionally, appellants’ facial challenge fails and we must affirm the court of appeals.”
READ THE FULL CASE DECISION:
Robert McCaughtry, et al., Appellants, vs. City of Red Wing, Respondent.
May 31, 2013 A10-332
READ THE FULL CASE DECISION:
Robert McCaughtry, et al., Appellants, vs. City of Red Wing, Respondent.
May 31, 2013 A10-332
https://mn.gov/law-library-stat/archive/supct/1305/OPA100332-0531.pdf
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