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Building Inspectors have the difficult job of determining whether violations that affect the public health and safety exist, but property owners also have a right to be protected from unlawful searches of their property, pursuant to the Fourth Amendment of the U.S. Constitution. Most of the time, local building officials conduct their inspections because someone has taken out a permit to build or renovate a structure. This presents an easy case, because taking out the permit brings with it the requirement that the new work be inspected. However, over the years there have been attempts by municipalities to require pre-occupancy inspections of rental properties, even when there has been no new construction. Many of these laws have required inspections not only prior to the initial occupancy, but each time there is a new tenant.
A Recent Court Decision
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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