5/26/2014 4:01:43 PM
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Section 6: ECC/ARC/CPI Subject: Compliance Rant Msg# 886134
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The lawyer present contradicted the direction the Compliance staff had been given that they cannot enter properties or look under car covers to determine condition of vehicles or inspect for other compliance issues.
That was Joe Moore. I have a feeling Mr. Moore could be wrong on this issue. However, unless a homeowner is ready to sue OPA we won't know. I was not at the meeting and have not watched the video, however I'm confident Joe Moore gave only his opinion and provided no case law to back it up. Worcester County inspectors will not go on a property without owner consent or a court order, primarily based on 4th Amendment. Amendment IV (Privacy of the Person and Possessions) 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. Sounds rather clear to me that the Founders did not want OPA inspectors sniffing and snooping around our property without a warrant based on probable cause. |
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For reference, the above message is a reply to a message where: I attended the board meeting yesterday and walked away with these "impressions": - The lawyer present contradicted the direction the Compliance staff had been given that they cannot enter properties or look under car covers to determine condition of vehicles or inspect for other compliance issues. - I pointed out to the GM the situation I encountered and he concurred that he would correct the understanding that the Compliance staff currently has. - Apparently the current registration/licensing of a vehicle makes no difference as to it's compliant status. The key determinant is whether the vehicle is in a satisfactory operating condition. - I anticipate that the vehicles parked in the driveway next to my residence will be visited again by the OP Compliance staff and we'll see how the situation develops from there. BTW - I have written 2 E-Mails to the GM, copying the board members, and other than Marty Clarke, have not received any response from any of them. Ed |
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