James Benjamin v. John Stemple
Opinion
Most cities in America regulate vacant properties and the risks to the public health and safety that come with them. Saginaw is no different. Located in eastern Michigan, the city requires owners of vacant property to register their property with the city. The registration form says that owners must permit the city to enter their property if it "becomes dangerous as defined by the City of Saginaw Dangerous Building Ordinance." R. 9-4 at 1. Several owners of vacant property refused to register. Claiming they had no obligation to consent to unconstitutional searches of their property, they filed this lawsuit. Because the registration form and the ordinance, as implemented by the city, ask for something that the Fourth (and Fourteenth) Amendment already allows-a warrantless search of a building found to be dangerous-we affirm.
I.
The Rebekah C. Benjamin Trust owns vacant properties in Saginaw. James Benjamin is its trustee. The Saginaw law, formally known as the Unsupervised Properties Ordinance, requires owners of vacant properties to register with the city clerk. Saginaw, Mich., Code of Ordinances § 151.099(B) (2016). The registration form requires the property owner to "agree that in the event my property becomes dangerous as defined by the City of Saginaw Dangerous Building Ordinance, State Law, or the City of Saginaw Housing Code, I give permission for the City, its agents, employees, or representatives, to enter and board the premises or do whatever necessary to make the property secure and safe." R. 9-4 at 1.
The city fined the trust for breaching the registration requirement. Saginaw, Mich., Code of Ordinances § 151.100(B). Benjamin sued John Stemple, Saginaw's chief inspector, and Janet Santos, the city clerk, on behalf of a potential class of owners of vacant properties for violating the owners' rights under the Fourth Amendment by imposing an unconstitutional condition on registration. Benjamin added a request for a preliminary injunction for good measure. Bobby and Sylvia Jones, whose trust also owns unoccupied property in Saginaw, intervened in the case.
The district court granted the city officials' motion to dismiss the complaint and denied the motion for a preliminary injunction. The property owners appealed each ruling.
II.
What looks like a complex unconstitutional conditions claim is a straightforward Fourth Amendment claim. The property owners refused to sign the registration form on the ground that it requires them to consent to a future search of their unoccupied properties if the city finds them dangerous. In this way, they say, the ordinance imposes an unconstitutional condition on registering their properties. But that argument works, or at least begins to work, only if the required consent surrenders cognizable Fourth Amendment rights.
Think of it this way. What if the city, as a condition of registering unoccupied properties, had asked the owners to consent in the future to submit to a stop and frisk if there were reasonable suspicion they had committed a crime and were armed and dangerous,
see
Terry v. Ohio
,
What matters, then, is whether the property owners have a cognizable Fourth Amendment right to resist warrantless searches premised on a finding that their properties have become dangerous. They do not.
The Fourth Amendment protects the people's right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const. amend. IV. Reasonableness is the key, the existence of a warrant often its measure. A warrantless search of a home or business is presumptively unreasonable.
Kentucky v. King
,
Although the administrative-search exception to the warrant requirement exempts law enforcement officers from some procedural hurdles, it does not exempt them from all of them. Before conducting a warrantless search of a building or property on the ground that it has become dangerous, the government must give the owner "an opportunity to obtain precompliance review before a neutral decisionmaker."
Gauged by these requirements, Saginaw's consent form does not waive any cognizable Fourth Amendment rights. To register unoccupied property, owners must consent to the city entering their property if it "becomes dangerous as defined by the City of Saginaw Dangerous Building Ordinance, State Law, or the City of Saginaw Housing Code." R. 9-4 at 1. Under the ordinance, a building is not dangerous until a formal administrative process establishes that to be the case. The process kicks off when someone reports to the chief inspector that a building is unsafe or damaged. Saginaw, Mich., Code of Ordinances § 151.113. If the inspector initially finds the building dangerous, he "shall commence proceedings to cause the alteration,
repair or rehabilitation, or the demolition and removal of the building."
The ordinance clarifies that an inspector's dangerousness finding is preliminary and triggers a hearing on the point. Only after the hearing process may anyone definitively find that "the building or structure is a dangerous building."
The hearing has many fairness guarantees. After the inspector makes a preliminary determination that a building is dangerous, he issues a notice to the owner of the building with the time and place of the hearing. Saginaw, Mich., Code of Ordinances § 151.114(A)(1). The mayor appoints the hearing officer, who cannot be a city employee.
All of this satisfies
Patel
's "minimal requirement" of "precompliance review before a neutral decisionmaker,"
The property owners resist this conclusion on several grounds. They first challenge this construction of the registration form. As they read it, the form allows the city to enter property immediately after the chief inspector initially concludes that the building is dangerous. But the ordinance explains that the inspector's finding that a building is dangerous is a preliminary determination. Until the hearing officer finally decides that "the building is a dangerous building," it is not, and thus no one may enter the property under the form. Saginaw, Mich., Code of Ordinances § 151.115(H).
That can't be, the property owners respond; else the grant of permission would add nothing beyond what is already in the ordinance. Exactly so. Nor is this unusual. There's nothing surprising about a municipality in our litigious age that tries to minimize the risk of a lawsuit-even if it cannot eliminate that risk,
see infra
-by alerting property owners to their legal responsibilities and asking the owners to accept them ahead of time. Even if the form were ambiguous about when a building becomes dangerous by the way, we would interpret it in this manner-to sidestep unconstitutional trespasses rather than to create them.
Cf.
Edward J. DeBartolo Corp. v. Fla. Gulf Coast Bldg. & Constr. Trades Council
,
The owners add that the form might allow city employees to enter their property without any administrative process under a provision of
state
law that empowers fire department officers to determine if a dangerous condition exists on property.
See
Even if the registration form permits entry only at the end of the hearing process, the owners claim that the process has constitutional problems of its own. One, they say, is that the ordinance does not require the inspector to obtain a judicial warrant. But administrative searches like this one fall into an "exception to the warrant requirement,"
Patel
,
Because the district court properly dismissed the owners' complaint for failure to state a claim, it follows that it properly rejected the motion for a preliminary injunction. Failure of the one establishes dim prospects of success for the other.
See
McGirr v. Rehme
,
We affirm.
Reference
- Full Case Name
- James BENJAMIN, AS TRUSTEE OF the REBEKAH C. BENJAMIN TRUST; Rebekah C. Benjamin Trust, Plaintiffs-Appellants, Jones Family Trust; Bobby Jones, Trustee; Sylvia Jones, Trustee, Intervenors-Appellants, v. John STEMPLE and Janet Santos, in Their Official and Individual Capacities, Defendants-Appellees.
- Cited By
- 14 cases
- Status
- Published