GOV - Search warrant required to cut infected citrus trees

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Judge: Florida must get search warrants before removing trees

By Associated Press, 4/19/2001 00:08

MIAMI (AP) A judge has issued a preliminary injunction requiring state employees to get search warrants before they enter residents' yards to cut down citrus trees infected with canker.

Since 1996, the state has removed more than 830,000 trees, mostly from homes, in an effort to protect Florida's $8.5 billion citrus industry from the disease that can scar fruit and make it fall prematurely. The Florida Department of Agriculture and Consumer Services says a state law allows workers to enter yards to take the trees.

But residents have complained about state crews breaking fences and sprinklers, and questioned the necessity of the program. Some residents say trees taken from their yards had sentimental value because they were planted by relatives or as memorials.

Judge Ronald M. Friedman ruled Wednesday that the law violated the Fourth Amendment protection against warrantless searches and seizures and that workers must have warrants to enter yards.

Miami-Dade County and the City of North Miami filed the suit challenging the law.

Wesley R. Parsons, an attorney for the state, said officials could appeal or seek area-wide warrants instead of individual warrants for each property.

-- Anonymous, April 19, 2001

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Oops! I just posted this to the NC shit thread.

here

-- Anonymous, April 19, 2001


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