The fourth amendment to the United States of American Constitution states that:
"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 seized."
According to the U.S. Supreme Court, "The basic purpose of this Amendment... is to safeguard the privacy and security of individuals against arbitrary invasions by government officials... the physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed."
The issue though with the Youngstown mandate is that it doesn't give any mechanism where it will be necessary for a warrant before inspecting a property. In the event that a property was planned for an inspection, In Youngstown, the only choice of the proprietor's is either to give consent or either be punished from receiving any financial benefits or face criminal accusation for abusing the law. The proprietor had no option for unbiased gathering from a neutral party in order to check and inspect a certain home.
The Portsmouth decision is not going to change their rules about home inspections and they make it compulsory. Many of their inspections have statutes requiring the review of homes that are to be utilized for rental lodging. Other inspections are because of checking up on a house's change or proprietorship, regardless of the possibility that no business or commercial use of the property is expected.
In such a cases, of home inspection, if the proprietor does not agree to the inspection, a warrant must be obtained first before any kind of inspection or punishment can be placed upon the proprietor for insubordination.
While home inspection may just only be a small issue, for the rest of the community, we are reminded of it, being the people who live in a place where "the sanctity of the home" is taken seriously, and that is a big thing.
