NE: Despite municipal code requiring refusal of consent, 4A doesn’t require that before SW issues

The Omaha Municipal Code required refusal of consent before an inspection warrant is issued. The officer had probable cause for code violations when he sought the warrant. The warrant will not be suppressed because there is no Fourth Amendment requirement that consent be sought and refused before a warrant can issue. State v. Anderson, 317 Neb. 435 (Aug. 23, 2024):

Although Camara plainly held that residents cannot, consistent with the Fourth Amendment, be compelled to consent to a warrantless search of their property to ascertain compliance with health and safety codes, we do not read Camara to hold that residents have a constitutional right to be asked for and refuse consent before an inspection warrant may be issued. We are not alone in this conclusion.

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