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Wednesday, December 14, 2016

Ind. Courts - ACLU challenges Clarksville ordinance that allows inspections without property owners permission [Updated]

Yesterday the ACLU of Indiana filed suit in SD Ind., Albany Div., in the case of Mary Hazel Upton v. Town of Clarksville. From the complaint:

On a number of occasions employees of the Town of Clarksville have entered Mary Hazel Upton’s property in Clarksville, without permission or warrant, to make inspections pursuant to the Town’s ordinances that the Town interprets as allowing such inspections. Ms. Upton is subject to similar searches in the future. Such searches, without consent or warrant, are unconstitutional and to the extent that the Town is interpreting its ordinances as allowing such searches the ordinances are unconstitutional. Appropriate injunctive and declaratory relief must enter. * * *

The actions of employees of the Town of Clarksville in entering plaintiff’s property without permission or without a warrant violates the Fourth Amendment to the United States Constitution and the ordinances of the Town of Clarksville that purport to allow such entry violate the Fourth Amendment.

ILB: Attached is a copy of the 5-page complaint plus the exhibits.

More coming.

Updates: Here are some a few ILB posts on similar issues:

Posted by Marcia Oddi on December 14, 2016 09:27 AM
Posted to Indiana Courts