Town is requesting to inspect inside my home for assessment. Need help!

[java2]

Transcription from Porc 411 Dave Ridley

Dear NHFree User:

    Just wanted to let you know you were just left a 0:41 long message (number 1)
in mailbox 16034130411 from Ridley David   , on Saturday, September 29, 2007 at 06:30:09 PM so you might
want to check it when you get a chance.  Thanks!

..................

Dave Ridley reporting in requesting a verbatim transcription of this message.  I'd
Like it if you could post it to the civil disobedience section under the
thread that already exits called town wants to inspect my house.  The gentlemen in the post,
the original poster is someone I know who has been a free stater for a
while and I think it would be great if we could help him out.

.................

[napolo]

Amanuse:    Unless they have a warrant to enter your home, they cannot. That doesn't mean that they won't try.  I had a different experience with Child Protective services. They wanted to enter my home because someone did not like the fact that we home schooled our children. Fortunately, we belong to a legal defense organization for homeschoolers.  Long and short of it, we were told by our attorney that under no circumstances were we to let them into our home. We invoked our 4th amendment rights.  Of course they tried to intimidate us into letting us in by threats and accusations.  They said that we must have something to hide by not letting them in. They totally ignored the fact that our Constitution guarantees that they have no right to enter our home. To deny them did not mean automatic guilt.  I think you have to stand on principal in this matter.  Once you let them in for one thing they can begin to create whatever circumstance they wish.  As to having a protest, I think your waisting your time. Our forefathers already protested for us by fighting and dying to secure our rights.  Don't let the beaureaucrats win this one. 

[picaro]

We can have 30-50 people over and make his job very uncomfortable, and video tape the whole thing. Please let me know what you think about this idea and whether you'd be willing to take part. We can set a day and I will try to schedule the appointment for that day and time.

This depends on appealing to their sense of shame -- if they have one.   Or is the goal just to expose their intrusiveness? 

I can help any time after 5:30p.

[amanuse]

I have the same curiosity as SnowDog. I don't have anything illegal that I know of in my house. I am protesting out of the principle behind our Fourth Amendment rights, as SnowDog points out. I appreciate the support from him/her and others.

I spoke with neighbors who say our local assessor generally stands on the porch and doesn't come in, but asks questions about the inside, instead (By the way, all of my neighbors received a similar letter). If what my neighbors say is true, than the particular assessor needs support, because he or she is in violation of the unconstitutional law <http://gencourt.state.nh.us/rsa/html/V/74/74-17.htm> he/she is being asked to enforce. Other neighbors have told me they plan to ignore the requests to search their home and protest any attempt to enter forcefully. I don't want to take that approach. As the law is written, I would be forfeiting my right to appeal the appraisal if I were to do that. It's extortion, yes, but I can't change the law through violence. So I seek civil disobedience and all the support I can get.

And, I want a YouTube video out of this experience. I plan to hand the assessor a written letter upon his entry that states he is engaging in a search that he is conducting ONLY under duress of the homeowners. If I have 30-50 there supporting me, maybe he will only stand on the doorstep. But he will have reinforced in his mind that his job is unlawful, for after all, the Constitution is the Supreme law of the land that supersedes every other law.

This law needs to be overturned. I came to New Hampshire to fight for the freedoms our people are guaranteed under the Constitution. I have now found my first mission. I plan to do my part in this battle, and I hope you will, too.

[amanuse]

In order to bring a true sense of peaceful (humorous) resistance, my wife is suggesting we throw a "Fourth Amendment Party," with the assessor as the "unwanted guest of honor." We can even give him a dunce hat. Thoughts?

[Pat K]

The vote here is fuck them and the horse they rode in on.

[KBCraig]

As I understand things, the request for an appointment is just that. Not calling them to set an appointment is not the same as refusing to let them in, and would not trigger any penalties.

If they show up and knock on your door, and you refuse to let them in, then that's when you lose the right to appeal the assessment.

[Spencer]

In order to bring a true sense of peaceful (humorous) resistance, my wife is suggesting we throw a "Fourth Amendment Party," with the assessor as the "unwanted guest of honor." We can even give him a dunce hat. Thoughts?

It sounds like you married up, too.  That's a good great idea.

[Tom Sawyer]

In order to bring a true sense of peaceful (humorous) resistance, my wife is suggesting we throw a "Fourth Amendment Party," with the assessor as the "unwanted guest of honor." We can even give him a dunce hat. Thoughts?

Clever and appropriate response I think. Sounds like fun.

[JonM]

According to section I of 74:17, if you don't give consent to the inspector, they will get a warrant.  The supreme court in the 60s opened the door for administrative inspections.  The crux of the argument is the threat of taking away a right to protest an inaccurate inspection after they got a warrant to inspect your property without your consent.  That might be in violation of article 14 of the NH State Constitution.

Perhaps a document can be written.  On said document a copy of the 4th amendment  and article 14 and 19 of the NH Constitution along with a statement that by entering this house under the duress of RSA 74:17 section II they may be in violation of their oath to the Constitution of the United States of America 4th amendment, and the New Hampshire state Constitution articles 19 and 14.  It is possible that an inspector may never had cause to take an oath to the Constitution before, so an oath to both the United States and NH State Constitution should be available on that page for him to recite and sign.  For those who would rather rely on just the State Constitution, perhaps a version only listing the state articles could be created.

This document should be made available to anyone who does not wish to let an inspector inside their house.

[Dreepa]

May we ask what town this is in?

[SethCohn]

I find it sad how many armchair lawyers spoke up (with mostly bad info), but nobody local pointed this guy to the very person who knows the law and was the plantiff in the IJ case mentioned above:  Tony Lekas.  Talk to Tony, and he'll explain the lawsuit, the law, and why if you don't submit to an inspection, you lose the right to appeal what assessment they set.  You _can_ refuse an inspection, but the penalty is losing your right to appeal.

[Dreepa]

I find it sad how many armchair lawyers spoke up (with mostly bad info), but nobody local pointed this guy to the very person who knows the law and was the plantiff in the IJ case mentioned above:  Tony Lekas.  Talk to Tony, and he'll explain the lawsuit, the law, and why if you don't submit to an inspection, you lose the right to appeal what assessment they set.  You _can_ refuse an inspection, but the penalty is losing your right to appeal.

See just what I said...

[SethCohn]

See just what I said...

You mentioned the existence of the law (didn't link to it, but otherwise fine), but not the expert in our midst... Let's not reinvent the wheel, but increase knowledge - Tony's been down the road already, and can explain why they lost in court, and the next steps in the meantime...

I just get frustrated at the signal/noise ratio - lots of people who don't know what has gone before speaking up... and that's a great way to stay stuck in the same place.  If you want to repeat the same mistakes, just ignore the people who have tread the path before you...

[cathleeninnh]

Andrew already has Tony's contact info.

Cathleen