State v. Ellen Heine

In October 2012, the American Civil Liberties Union of New Jersey filed an amicus curiae brief on behalf of Ellen Heine, a landlord of a residential property that construction and fire officials sought to enter against her wishes and without a warrant. Because she refused them entry, she was issued a summons and convicted for violations of building and safety codes. The ACLU-NJ believes that the Fourth Amendment of the United States Constitution and Article I, paragraph 7 of the New Jersey Constitution do not allow a government official to issue a summons for failure to permit the inspectors access to the property unless the official has a warrant. The appeal was dismissed in April of 2013.


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