{"id":15220,"date":"2026-01-09T09:32:29","date_gmt":"2026-01-09T16:32:29","guid":{"rendered":"https:\/\/jasonsblog.ddns.net\/?p=15220"},"modified":"2026-01-09T09:47:09","modified_gmt":"2026-01-09T16:47:09","slug":"cheyenne-proposal-to-expand-warrants-to-inspect-homes-has-some-crying-overreach","status":"publish","type":"post","link":"https:\/\/jasonsblog.ddns.net\/index.php\/2026\/01\/09\/cheyenne-proposal-to-expand-warrants-to-inspect-homes-has-some-crying-overreach\/","title":{"rendered":"Cheyenne Proposal To Expand Warrants To Inspect Homes Has Some Crying Overreach"},"content":{"rendered":"\n

This does seem sketchy, so pay close attention to the last part of the article. The city council of Cheyenne has been doing a lot of sketchy things lately from putting up privacy disrespecting Flock automatic license plate reading cameras all over the city tracking our movements<\/a>, to the permits (fees) for RVs to be parked on the street that didn’t really solve the problem people complained about… It would seem all their solutions are trash, so what special interests are behind the scenes? And big apartment complexes have been going up in Cheyenne with a big one still planned, more data centers, so are we looking at an Agenda 2030 smart prison city being prepared as outlined by Rosa Koire in this interview<\/a>? You have to think post extraction of the church going into the tribulation which could significantly accelerate the implementation.<\/p>\n\n\n\n

https:\/\/cowboystatedaily.com\/2026\/01\/08\/cheyenne-proposal-to-expand-warrants-to-inspect-homes-has-some-crying-overreach\/<\/a><\/p>\n\n\n

<\/div><\/div><\/div>\n\n\n
A proposed ordinance expanding administrative warrants to access people\u2019s property has upset some Cheyenne residents who say it crosses the line into government overreach. Fire and building officials say they need them to do post-fire safety inspections.<\/h5>\n\n\n\n

By Scott Schwebke<\/p>\n\n\n\n

\"A
A proposed ordinance expanding administrative warrants to access people\u2019s property has rankled some Cheyenne residents who say it crosses the line into government overreach. Fire and building officials say they need them to do post-fire safety inspections. (Greg Johnson, Cowboy State Daily)<\/figcaption><\/figure>\n\n\n\n

A proposed ordinance expanding administrative warrants to access people\u2019s property has rankled some Cheyenne residents who say it crosses the line into government overreach.<\/p>\n\n\n\n

Cheyenne City Council is considering a proposal to allow the municipality\u2019s fire department and chief building officer to seek court-approved administrative warrants when property owners deny access to homes and businesses.<\/p>\n\n\n\n

The ordinance, which has been in development since October, provides a mechanism for Cheyenne Fire Rescue personnel to enter properties legally for post-fire investigations and safety code inspections, said Chief Andrew Dykshorn. <\/p>\n\n\n\n

\u201cWhen we are doing a fire investigation post-incident and have left the scene, in some instances we have to come back,\u201d he said. \u201cAs soon as we leave, we have to gain consent from property owners to return.\u201d<\/p>\n\n\n\n

In most cases, firefighters have no problems getting permission to reenter properties. <\/p>\n\n\n\n

However, there have been instances where owners of abandoned fire-damaged buildings could not be located, making it impossible to get consent, Dykshorn said.<\/p>\n\n\n\n

There also have been occasions when business owners have denied fire code inspectors permission to access parts of their buildings for proprietary reasons.<\/p>\n\n\n\n

\u201cThe ordinance is a tool so that we can go to a judge and say that we would like to go in and do an inspection and make sure that things are up to snuff and not a danger to anyone,\u201d Dykshorn said.<\/p>\n\n\n\n

\"A
A proposed ordinance expanding administrative warrants to access people\u2019s property has rankled some Cheyenne residents who say it crosses the line into government overreach. Fire and building officials say they need them to do post-fire safety inspections. (Greg Johnson, Cowboy State Daily)<\/figcaption><\/figure>\n\n\n\n

Mixed Reaction<\/strong><\/h2>\n\n\n\n

Cheyenne City Councilman Tom Segravesupports the ordinance and believes it will be used sparingly.<\/p>\n\n\n\n

\u201cMaybe (it will be applied) 10 times a year,\u201d he said. \u201cIf they (firefighters and building officials) need access for a legitimate reason, they have to go before a judge for permission. It makes sense.\u201d<\/p>\n\n\n\n

However, Patricia McCoy of Laramie County doubts that the ordinance will have limited use.<\/p>\n\n\n\n

\u201cWe all know that when you give the government an inch, they will take a mile,\u201d she said. \u201cThere is nothing in the wording that I have found that limits this to only abandoned properties, and as they have not included that limitation, it can be any property they deem to be unsafe for any reason.\u201d<\/p>\n\n\n\n

The ordinance would require Cheyenne\u2019s building official or fire personnel to present an affidavit to a municipal judge describing the property or premises to be entered, as well as the purpose and scope of the investigation.<\/p>\n\n\n\n

The affidavit would also need to include a declaration that the property owner has denied entry, that an attempt has been made to obtain consent, and that the attempt has been unsuccessful. <\/p>\n\n\n\n

It\u2019s Legal<\/strong><\/h2>\n\n\n\n

The ordinance is compatible with the U.S. Constitution and federal and state law, said Dykshorn, who cited two landmark Supreme Court cases detailing the need for administrative warrants.<\/p>\n\n\n\n

The Supreme Court found in Michigan v. Clifford that a warrant is required for searching a fire-damaged property after the fire has been extinguished.<\/p>\n\n\n\n

Additionally, the court held in Camara v Municipal Court that a person has a constitutional right under the Fourth Amendment to refuse a warrantless code enforcement inspection of their private residence, requiring officials to obtain a warrant based on reasonable grounds, not individual suspicion.<\/p>\n\n\n\n

The proposed ordinance, which the City Council may approve Monday, aims to ensure property owners are protected, Dykshorn said. <\/p>\n\n\n\n

\u201cWe don\u2019t want to trample on their constitutional rights,\u201d  he added.<\/p>\n\n\n\n

A \u2018Back Door\u2019 Move?<\/strong><\/h2>\n\n\n\n

However, Cheyenne resident Travis S. Willert believes the ordinance is a \u201cback door\u201d move that erodes protections against unreasonable searches.<\/p>\n\n\n\n

\u201cThe Fourth Amendment doesn\u2019t ask whether officials mean well, it asks whether government has a lawful basis to enter private property after consent has been denied,\u201d he said. \u201cAdministrative warrants were never meant to be a default safety valve when access is inconvenient. <\/p>\n\n\n\n

“The concern isn\u2019t firefighters acting in bad faith \u2014 it\u2019s creating a legal framework where non-consent is treated as a problem to be overcome rather than a right to be respected.\u201d<\/p>\n\n\n\n

Willert added that once the ordinance is enacted, it won\u2019t be confined to rare cases.<\/p>\n\n\n\n

\u201cIt becomes a workaround \u2014 used whenever authorities want to get onto property without true cause,\u201d he added.<\/p>\n\n\n\n

The use of administrative warrants is a relatively common practice, said Michael J. Benza, a law professor at Case Western Reserve University in Cleveland, Ohio. <\/p>\n\n\n\n

\u201cWe allow these types of administrative searches for things like apartment buildings, ensuring that landlords are complying with rental laws \u2014 have heat, running water, smoke detectors, or business compliance, and construction projects,\u201d he said. <\/p>\n\n\n\n

\u201cSo, whether this is government overreach or not is not the legal question,\u201d he added. \u201cThe proposal would certainly comply with the Constitutional requirements. But whether a community wants this or not is a different issue.” <\/p>\n","protected":false},"excerpt":{"rendered":"

This does seem sketchy, so pay close attention to the last part of the article. The city council of Cheyenne has been doing a lot of sketchy things lately from putting up privacy disrespecting Flock automatic license plate reading cameras all over the city tracking our movements, to the permits (fees) for RVs to be […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-15220","post","type-post","status-publish","format-standard","hentry","category-world"],"blocksy_meta":[],"featured_image_src":null,"author_info":{"display_name":"Jason","author_link":"https:\/\/jasonsblog.ddns.net\/index.php\/author\/jturning\/"},"_links":{"self":[{"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/posts\/15220","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/comments?post=15220"}],"version-history":[{"count":3,"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/posts\/15220\/revisions"}],"predecessor-version":[{"id":15223,"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/posts\/15220\/revisions\/15223"}],"wp:attachment":[{"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/media?parent=15220"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/categories?post=15220"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jasonsblog.ddns.net\/index.php\/wp-json\/wp\/v2\/tags?post=15220"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}