Q: Are inspection warrants rqd. to contain the same elements as criminal warrants , ie., Seal, clrk stamp, 2b legal?
An inspection warrant was served upon my property. The probable cause was was due to noise complaints, per fire marshal. No evidence of existing health or safety violations, or noise citations. Accused of selling alcohol, w/out evidence. Warrant looked incomplete, no Seal, no clerk stamp, and areas to inspect vague at best. I live on 6 acres, & areas to inspect described as back and side yards. Yet, they went everywhere on my property. Passed my fenced back and side yards. What can I do to show the trespassed using illegal warrant and false affidavit?
You will need a lawyer with experience in dealing with code enforcement issues with local governments.
Inspection warrants need to be issued by a judge on a showing of some probable cause to issue the warrant. You should have been given a copy of the warrant, which you can give to whatever lawyer you contact for assistance. You'll need to provide the lawyer with a statement of what happened along with a copy of the warrant that was used. You didn't mention whether you were cited with anything. Finally, any lawyer will want to know what damage you suffered as a result of what happened.
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