{"id":62363,"date":"2025-11-21T17:37:10","date_gmt":"2025-11-21T22:37:10","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62363"},"modified":"2025-11-21T18:02:59","modified_gmt":"2025-11-21T23:02:59","slug":"ca6-zoning-officers-attempting-to-post-a-stop-work-order-was-not-a-seizure-of-real-property","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=62363","title":{"rendered":"CA6: Zoning officer’s attempting to post a stop work order was not a seizure of real property"},"content":{"rendered":"\n

Defendant had no constitutional right to build a greenhouse in his front yard in violation of a city zoning ordinance, and the zoning official did not seize his property by attempting to post a stop work order on it. “While the stop work order apprised Lamb that the construction violated the Township’s ordinances, it didn’t meaningfully interfere with his possession of his property. That’s because Lamb kept possession of the partially built greenhouse even after Crofoot posted the stop work order\u2014the greenhouse remained on his front yard. And Lamb retained possession of the material used to construct the greenhouse after taking it apart. In short, Crofoot never seized the greenhouse or any part of it.” Lamb v. Crofoot<\/a>, 2025 U.S. App. LEXIS 30453 (6th Cir. Nov. 19, 2025).<\/p>\n\n\n\n

\u201c[Probable cause] is \u2018not a difficult standard to meet.\u2019 \u2026 Therefore, in the search warrant context, \u2018it follows that a warrant’s validity should not turn on whether it is supported by an \u201cactual showing\u201d of criminal activity at the targeted location,\u2019 but on \u2018whether officers provided direct or circumstantial support to create \u201cmore than mere suspicion\u201d that contraband will be found at the location in question.\u2019 \u2026 This analysis is \u2018holistic,\u2019 \u2026 and requires courts to focus on the \u2018totality of the circumstances\u2019 rather than scrutinizing an affidavit in a \u2018hypertechnical\u2019 or \u2018line-by-line\u2019 manner \u2026\u201d United States v. Hawkins, 2025 U.S. App. LEXIS 30456 (6th Cir. Nov. 19, 2025).*<\/p>\n\n\n\n

\u201cThe Court concludes, however, that the September 5, 2025, tracking warrant was supported by probable cause because there was a substantial basis to believe that the phone tracker warrant would uncover evidence of criminal activity. The affidavit provided strong evidence that the phone number ending in -3974 was used for drug trafficking. \u2026\u201d United States v. Aguilar, 2025 U.S. Dist. LEXIS 228944 (D. Minn. Oct. 24, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant had no constitutional right to build a greenhouse in his front yard in violation of a city zoning ordinance, and the zoning official did not seize his property by attempting to post a stop work order on it. “While … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20,69,112],"tags":[],"class_list":["post-62363","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-seizure","category-tracking-warrant"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62363","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=62363"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62363\/revisions"}],"predecessor-version":[{"id":62365,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62363\/revisions\/62365"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62363"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62363"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62363"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}