This is the first time I have ever heard of this

[SAWYER]

http://www.kait8.com/Global/st...=10240526&nav=menu67_2

JONESBORO, AR (KAIT) - A house in Region 8 is taken over by the court. Residents are upset by the ruling and concerned about what it means.

But police say it's in the best interest of everyone involved. This is a unique situation for the home owners and for the city. While the property is in the custody of the court it is still owned by the property owner. This ruling broadens the ability of law enforcement to make sure no criminal activity is happening there.

"I don't see that it's fair. There are other things that can be done to clean up the community," said Kevin Bradley.

"I can't see that it's right. I can't see it right. If that's right they could take your home or search your home and do you like that," said Dennis Thomas.

"They say some incidents happened here but incidents happen everywhere and the police just tried to come and say that this is their house," said Bradley.

On Wednesday Judge Randy Philhours declared 1007 Hope Avenue a "common nuisance".

"I think that it's wrong. Why would you take a working man's house when he's at work everyday and not aware of different things that go on around his surroundings," said Thomas.

But Jonesboro City Attorney Phillip Crego said the answer should be clear.

"There has been a lot of drug activity and other criminal activity. There had been numerous arrests," said Crego.

"This house had been a problem for the police department," said Sgt. Stephen McDaniel.

Papers filed by Crego in December list numerous incidents where police were called to the home. Even though there have been arrests and convictions of various people from this location, he says it hasn't stopped the activity.

"Sometimes it's not just the individual being arrested and prosecuted if the behavior continues at one location," said Crego.

The nuisance status of the property limits what can be done on the property and who can be there.

Anyone on the property can be searched without a warrant and nobody convicted of a felony is allowed to be there.

The homeowners were not the subjects of any of the criminal investigations at the house/

"He's not responsible for what other people do in his yard whether he's there but when he's not there. Right now he's at work and I could be standing there doing anything," said Thomas.

But Crego said a person is responsible for what happens on their property.

If the nuisance activity stops, Crego said either the city or the property owner can go back to court and ask for the order to be lifted.

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[wyvrn]

I'm never in favor of illegal search and seizure. Where does a judge get the right to allow warrantless searches?

 

[amdhunter]

Originally posted by: wyvrn
I'm never in favor of illegal search and seizure. Where does a judge get the right to allow warrantless searches?

Er, it's America. This country is based on warrantless actions.

 

[Wheezer]

sorry, but if the home owner can't control what goes on in his own fucking house then he has no business owning a home.

Present a reasonable argument as to why a homeowner would allow his property to be continuously used as a staging point for drug activity.

It goes on when he is not home....so either:

a) people are breaking into his residence and conducting drug deals when he is not home (why has he not called the cops to stop it?)

b) he is allowing it to happen and using the bullshit excuses that "poor me, I can't control what goes on when I'm not there"

seems to me that the answer is B and the residents of the area, the cops and the courts have had enough....if children can be taken away from shitty parents....why shouldn't a property that is KNOWN to be a place where repeat drug offenses occur and the property owner is too damn irresponsible to take care it be taken away from the owner?

It seems to me that there is a lot of drug activity going on there, so much so that the only people that show up are those looking to sell or score, the property owner cant deal with it....fuck it, let the city.

so a few crack heads or dealers get searched without a warrant......go do your business some where else.

Sometimes you gotta break a few balls to get shit done.

 

[BoomerD]

Similar things happen here; the city gets a court order to demolish a house that is known for its illegal activity such as repeated criminal activity and drug dealing.
It doesn't happen too often, maybe once per year, and usually happens with the consent of the property owner, and always involves houses that have repeated police calls-serving drug and other criminal warrants, repeated police calls over property crimes, disturbing the peace, etc., and usually happens to a run-down slum-type of abode.
The demolition is usually cheered by neighbors tired of the criminal activity in their neighborhood.

 

[Ruptga]

Originally posted by: Wheezer
sorry, but if the home owner can't control what goes on in his own fucking house then he has no business owning a home.

Present a reasonable argument as to why a homeowner would allow his property to be continuously used as a staging point for drug activity.

It goes on when he is not home....so either:

a) people are breaking into his residence and conducting drug deals when he is not home (why has he not called the cops to stop it?)

b) he is allowing it to happen and using the bullshit excuses that "poor me, I can't control what goes on when I'm not there"

seems to me that the answer is B and the residents of the area, the cops and the courts have had enough....if children can be taken away from shitty parents....why shouldn't a property that is KNOWN to be a place where repeat drug offenses occur and the property owner is too damn irresponsible to take care it be taken away from the owner?

It seems to me that there is a lot of drug activity going on there, so much so that the only people that show up are those looking to sell or score, the property owner cant deal with it....fuck it, let the city.

so a few crack heads or dealers get searched without a warrant......go do your business some where else.

Sometimes you gotta break a few balls to get shit done.

This is a good point, but the property hasn't been taken away; they've just made it easier for the cops to arrest people on that property.