A major decision that will impact Minnesotans’ privacy rights is waiting to be heard in the state’s court of Appeals.
It all started off simply enough. Jason and Jackie Wiebesick were a Golden Valley couple who lived in a duplex. One day, officials from the city approached them to ask permission to inspect their home. The stated reason was to collect information so as to make a decision over whether to renew the Wiebesick’s rental license.
Disturbed by the prospect of unfamiliar people walking around their home, the Wiebesick’s turned down the inspectors’ request. One might think it would have ended there, but the city saw to it that it didn’t.
Taking the case to court, Golden Valley authorities implored a county judge to issue a warrant overriding the Wiebesick’s objections and allowing them into the house. Tellingly, the judge refused their request for a warrant, prompting the city to reach even higher.
See video about the case on the next page:
A rental ‘license’ on a duplex? Sounds like the wrong people writing the laws. And voters putting them in power. Of course that is not confined to Minnesota.
If they own it, it is their PROPERTY. It doesn’t matter if they reside there or not, the constitution guarantees protection of property from unreasonable searches/seizures.
Stephen, the key thing is that if there is a requirement to inspect for licensing purposes, then the government can simply deny the licence.
But the right against unreasonable search and seizure applies to a person’s PROPERTY, and not simply their residence.
Then deny the liscence, and fine them if they rent it out.
If there is no compelling reason (suspicion of a crime, for instance), the government has ZERO right to “inspect” anyone’s property.
This case is frivolous.
Government wants to inspect. Couple says no. Government denies licence. If couple wants to rent their property out, they will get it inspected to get the licence to do so. Otherwise, government needs to back off.
The city tries to enter my property without probable cause and a warrant they will meet resistance plain and simple my property is posted and will be respected
If the inspectors only wanted to inspect the rental potion of the duplex, they should be allowed. If you want to rent out property the city has an interest in seeing that it meets codes. Because it is a duplex in Golden Valley, does not exempt it from inspection. Unless they are willing to quit renting, they need to allow inspection of the rental side of the duplex.
I have had township want to inspect my home for tax reasons … told them NO so my taxes increased , but I figured they would no matter what anyway…
You have the right to dispute tax increases, which I do every year no matter what,Most of the time they will lower the value somewhat. If you do this yearly, you should have a better outcome. Also be prepared to complain to your Elected Property Appraiser and complain. Government holds your property hostage to money from you.extort
its a rental, the city has the right to inspect for safety. It needs to be very specific and coordinated.
Ernest, I think you misunderstand me. I am not saying that I believe the government has a right to do these things, I am saying that the government does NOT have the right to do these things but that they do them anyway. They consistently step all over the Constitution. I am on your side. Children were burned alive at the Branch Davidian compound in Waco Texas in April of 1993 by the Federal Government. Read about Ruby Ridge. Look at whats happening with the Bundy Ranch.
Pat you’re right,I did misunderstand you. I get what you’re saying now. But this is where the country needs to unite. That’s the one thing that scares the$#%&!@*out of them is when the citizens unite. Just as they did the first time at Bundys ranch. They left and didn’t come back til the civilians left. If a few Mikita groups went to the bundy ranch right now. They haul$#%&!@*again. If enough people grouped together the Bundys would be released and left alone. This is why they are trying to keep people disvided. United we stand,divided we fall.