Constitutional Citizen Issues
Counselors:
City issued citation to resident for code violation. In response, resident sends City a certified document titled "Notice - Claim of Damages." The notice asserts claim for damages for "violations of my God-given rights," and states "penalties" exceed $3 million.
Anyone conducted any research into these types of assertions from what I am terming "constitutional citizens?" I am trying to determine whether this bears some response and, if so, what that response should be (other than to remind the resident of his court date).
Thanks,
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
I would treat that as a tort claim.
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From: Jon Miller JMiller@cityofmustang.org
Sent: Wednesday, March 1, 2023 10:13 AM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Constitutional Citizen Issues
Counselors:
City issued citation to resident for code violation. In response, resident sends City a certified document titled “Notice – Claim of Damages.” The notice asserts claim for damages for “violations of my God-given rights,” and states “penalties” exceed $3 million.
Anyone conducted any research into these types of assertions from what I am terming “constitutional citizens?” I am trying to determine whether this bears some response and, if so, what that response should be (other than to remind the resident of his court date).
Thanks,
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
Please let me know that answer, too, as we are preparing to file suit against a series of code violators.
Sharla
Sent from my iPhone which randomly rearranges my thoughts and letters. Apologies in advance for any illogical responses.
On Mar 1, 2023, at 10:14 AM, Jon Miller JMiller@cityofmustang.org wrote:
Counselors:
City issued citation to resident for code violation. In response, resident sends City a certified document titled “Notice – Claim of Damages.” The notice asserts claim for damages for “violations of my God-given rights,” and states “penalties” exceed $3 million.
Anyone conducted any research into these types of assertions from what I am terming “constitutional citizens?” I am trying to determine whether this bears some response and, if so, what that response should be (other than to remind the resident of his court date).
Thanks,
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
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This sounds like sovereign citizen nonsense. A Canadian court did a very thorough write-up on the movement in a family law case. I'm sure there are some regional variations, but I think most people who profess these beliefs have bought the same basic snake-oil formula. Link below. It makes for fun reading.
https://www.canlii.org/en/ab/abqb/doc/2012/2012abqb571/2012abqb571.html
Wil M. Crawford
Indian & Environmental Law Group, PLLC
117 S. Ash Street
Ada, OK 74820
Wil@iaelaw.commailto:Wil@iaelaw.com
(580) 453-7051
(918) 948-6190 (fax)
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From: Sharla Frost cityattorney@forttowson.us
Sent: Wednesday, March 1, 2023 10:17:14 AM
To: Jon Miller JMiller@cityofmustang.org
Cc: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Re: Constitutional Citizen Issues
[EXTERNAL EMAIL]
Please let me know that answer, too, as we are preparing to file suit against a series of code violators.
Sharla
Sent from my iPhone which randomly rearranges my thoughts and letters. Apologies in advance for any illogical responses.
On Mar 1, 2023, at 10:14 AM, Jon Miller JMiller@cityofmustang.org wrote:
Counselors:
City issued citation to resident for code violation. In response, resident sends City a certified document titled “Notice – Claim of Damages.” The notice asserts claim for damages for “violations of my God-given rights,” and states “penalties” exceed $3 million.
Anyone conducted any research into these types of assertions from what I am terming “constitutional citizens?” I am trying to determine whether this bears some response and, if so, what that response should be (other than to remind the resident of his court date).
Thanks,
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
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Related issue. Citizen claims we need a search warrant to look for code violations
Sent from my iPhone
On Mar 1, 2023, at 10:18, Sharla Frost cityattorney@forttowson.us wrote:
Please let me know that answer, too, as we are preparing to file suit against a series of code violators.
Sharla
Sent from my iPhone which randomly rearranges my thoughts and letters. Apologies in advance for any illogical responses.
On Mar 1, 2023, at 10:14 AM, Jon Miller JMiller@cityofmustang.org wrote:
Counselors:
City issued citation to resident for code violation. In response, resident sends City a certified document titled “Notice – Claim of Damages.” The notice asserts claim for damages for “violations of my God-given rights,” and states “penalties” exceed $3 million.
Anyone conducted any research into these types of assertions from what I am terming “constitutional citizens?” I am trying to determine whether this bears some response and, if so, what that response should be (other than to remind the resident of his court date).
Thanks,
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
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Just some quick thoughts. Cities are required to secure a search warrant to look for code violations, if none of the exceptions to the warrant requirements are established. Exceptions that might apply for code violation inspections: consent, plain view doctrine (broken windows, doors, collapsing roofs), exigent circumstances (fire and immediate seizure of suspected causes), and open fields (abandoned vehicles in front yards, tall grass, garbage strewn about). Most code violations that are cited by municipalities, I would surmise, fall within the exceptions. Going into someone’s building for an inspection is going to require a warrant, absent an exception.
There is also an administrative inspection exception. An administrative inspection may be made without a warrant if there is a legitimate public interest in close regulation and if the search is conducted under the authority of a statute meeting certain specificity requirements; this generally applies to regulated businesses. United States v. Biswell, 406 U.S. 311 (1972) (licensed firearms dealer). See also Colonnade Catering Corp. v. United States, 397 U.S. 72 (1970) (liquor industry); Donovan v. Dewey, 452 U.S. 594 (1981) (mine safety). I would say that building inspections during construction fall under the administrative inspection exception because of the health and safety concerns with new construction and the standards of construction that must be followed under Oklahoma’s Uniform Construction Code. It is also probably covered by consent because of the issuance of the building permit and the agreements that are entered into to secure it.
From: MICHAEL WARWICK via Oama oama@lists.imla.org
Sent: Wednesday, March 1, 2023 10:33 AM
To: Sharla Frost cityattorney@forttowson.us
Cc: Jon Miller JMiller@cityofmustang.org; oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Re: Constitutional Citizen Issues
Related issue. Citizen claims we need a search warrant to look for code violations
Sent from my iPhone
On Mar 1, 2023, at 10:18, Sharla Frost <cityattorney@forttowson.usmailto:cityattorney@forttowson.us> wrote:
Please let me know that answer, too, as we are preparing to file suit against a series of code violators.
Sharla
Sent from my iPhone which randomly rearranges my thoughts and letters. Apologies in advance for any illogical responses.
On Mar 1, 2023, at 10:14 AM, Jon Miller <JMiller@cityofmustang.orgmailto:JMiller@cityofmustang.org> wrote:
Counselors:
City issued citation to resident for code violation. In response, resident sends City a certified document titled “Notice – Claim of Damages.” The notice asserts claim for damages for “violations of my God-given rights,” and states “penalties” exceed $3 million.
Anyone conducted any research into these types of assertions from what I am terming “constitutional citizens?” I am trying to determine whether this bears some response and, if so, what that response should be (other than to remind the resident of his court date).
Thanks,
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
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Concur with Ray. We use this tool periodically when the property appears
uninhabited or when the property owner is not cooperative. I would treat
the notice as a tort claim as well. Below is reference to a statute that
may be of help. If you have adopted the various building/property codes
(IBC, Property Maintenance Code, etc.), you might check that as well.
Seems like some provisions exist in those as well.
*Section 22-114 - Entry upon Private Property for Surveys and Examinations
- Reimbursement for Damages*
A. Municipalities through their authorized agents or employees may enter
upon any lands, waters, or premises for the purpose of making surveys,
soundings, or examinations as may be necessary for the purpose of
establishing, locating, relocating, constructing, or maintaining any sewer,
waterworks, drain, or public works or facilities. Entry may also be made
for the purpose of terminating any public utility services if the
municipality determines the existence of a hazard to the health, safety, or
welfare of the general public in connection with said services. Said entry
shall not be deemed a trespass, nor shall an entry pursuant to any
condemnation proceedings which may be pending be deemed a trespass. If the
municipality does not have written consent for entry from the owner and
lessee, the municipality shall give notice to the owner and lessee of the
property to be entered, by certified mail at least fourteen (14) days prior
to any entry. If the owner and lessee are unable to be given notice by
certified mail, notice shall be given by publication.
On another note, we have had instances where individuals claim they are
"sovereign citizens" but it does not affect the way we do business.
Brad
On Wed, Mar 1, 2023 at 11:14 AM Ray Jones jones@lytlesoule.com wrote:
Just some quick thoughts. Cities are required to secure a search warrant
to look for code violations, if none of the exceptions to the warrant
requirements are established. Exceptions that might apply for code
violation inspections: consent, plain view doctrine (broken windows, doors,
collapsing roofs), exigent circumstances (fire and immediate seizure of
suspected causes), and open fields (abandoned vehicles in front yards, tall
grass, garbage strewn about). Most code violations that are cited by
municipalities, I would surmise, fall within the exceptions. Going into
someone’s building for an inspection is going to require a warrant, absent
an exception.
There is also an administrative inspection exception. An administrative
inspection may be made without a warrant if there is a legitimate public
interest in close regulation and if the search is conducted under the
authority of a statute meeting certain specificity requirements; this
generally applies to regulated businesses. United States v. Biswell,
406 U.S. 311 (1972) (licensed firearms dealer). * See also* Colonnade
Catering Corp. v. United States, 397 U.S. 72 (1970) (liquor industry); Donovan
v. Dewey, 452 U.S. 594 (1981) (mine safety). I would say that building
inspections during construction fall under the administrative inspection
exception because of the health and safety concerns with new construction
and the standards of construction that must be followed under Oklahoma’s
Uniform Construction Code. It is also probably covered by consent because
of the issuance of the building permit and the agreements that are entered
into to secure it.
From: MICHAEL WARWICK via Oama oama@lists.imla.org
Sent: Wednesday, March 1, 2023 10:33 AM
To: Sharla Frost cityattorney@forttowson.us
Cc: Jon Miller JMiller@cityofmustang.org; oama (oama@lists.imla.org) <
oama@lists.imla.org>
Subject: [Oama] Re: Constitutional Citizen Issues
Related issue. Citizen claims we need a search warrant to look for code
violations
Sent from my iPhone
On Mar 1, 2023, at 10:18, Sharla Frost cityattorney@forttowson.us wrote:
Please let me know that answer, too, as we are preparing to file suit
against a series of code violators.
Sharla
Sent from my iPhone which randomly rearranges my thoughts and letters.
Apologies in advance for any illogical responses.
On Mar 1, 2023, at 10:14 AM, Jon Miller JMiller@cityofmustang.org wrote:
Counselors:
City issued citation to resident for code violation. In response,
resident sends City a certified document titled “Notice – Claim of
Damages.” The notice asserts claim for damages for “violations of my
God-given rights,” and states “penalties” exceed $3 million.
Anyone conducted any research into these types of assertions from what I
am terming “constitutional citizens?” I am trying to determine whether
this bears some response and, if so, what that response should be (other
than to remind the resident of his court date).
Thanks,
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that
is privileged or confidential. If you received this email in error, please
notify the sender by reply email and delete the email and any attachments.
If you are a and officer, employee or agent of the City of Mustang, you
should not share this email with others. Sharing this email may result in
a loss of the attorney-client privilege.
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