Eighth Circuit: Metropolitan Omaha Property v. City of Omaha, Nebraska

 

Municipal ordinance authorizing the inspection of a property and reciting that the inspector may seek a warrant if consent cannot be obtained doesn't violate the Fourth Amendment by authorizing warrantless entry, since under the state's rules of statutory construction, the permissive power to seek a warrant would be exercised prior to any search without consent.

As there is sufficient specificity and adequate provisions for notice and appeal, the enforcement provision is not unconstitutionally vague.

Judicial consent decree explicitly allowed for changes in the municipal code, so the procedures aren't an unlawful amendment of it.

Allegation of discrimination under federal housing law doesn't plead an intensity of discrimination sufficient to state a claim.


Metropolitan Omaha Property  v.  City of Omaha, Nebraska