Fourth Amendment trumps ordinance

Bluefield Daily Telegraph

July 18, 2008 04:50 pm

— This letter responds to Mr. Joel L. Dillon’s letter, published in the July 14 edition of the BDT, titled: “Litter officer violates privacy laws.” Mr. Dillon is concerned about a proposed ordinance for Mercer County which would allow a “litter control officer” to enter onto private land, without a warrant, make a personal decision as to that which he considers to be “trash” on the property, and then issue a citation to the property owner, presumably requiring him to clean up the property or to face court or other administrative action. Mr. Dillon then alleges that the proposed ordinance would violate his constitutional rights and could also create other problems, such as snooping and dishonest acts by unscrupulous public officials. He states that this is a “terrible ordinance” having no place in our “rural county.” (l would say having no place in our nation.)
But way to go, Mr. Dillon. If the suggested ordinance is everything you say it is, then I should think it to be one of the most unintelligent, ill-informed pieces of proposed law ever contemplated by public servants anywhere.
For the benefit of those involved in this proposed law, the lV Amendment to the Constitution of the United States is quoted: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The first ten amendments to the Constitution, , commonly called the Bill of Rights, were ratified by the Constitutional Convention, effective Dec. 15, 1791, at the urging of James Madison. So far as I know, they’re still in force! One must pause to wonder whether or not Mercer County officials know this.
If the proposed ordinance (which I have not personally read) is indeed structured in the manner in which Mr. Dillon states, Mercer County officials probably would be well advised to consign the proposal to File 13 (that’s the trash can) and start from scratch. A useful beginning for them might be to read the U.S. Constitution, particularly the lV Amendment.
Mercer County’s desire and initiative to spruce up the county are commendable, but they can’t begin by attempting to trample over citizens’ rights guaranteed by the U.S. Constitution.
Sam Lester
Tazewell, Va.