This is a response to the article titled “Bator Gator” (RN&R, Feb. 6). I opened up my farm to your newspaper to demonstrate a conspiracy to violate the Constitution of the United States and the laws of the state of Nevada by the Washoe County Department of Community Development. That didn’t happen.
First, I would like to state for the record that my property has been adjudicated to be a farm by a court of competent jurisdiction. That court found I did not need a “special use permit,” as stated in your article.
The controversy, though—which I apparently failed to convey to your reporter—stems from the lawless acts of the Washoe County Department of Community Development. Under Chapter 278 of the Nevada Revised Statutes, the county was granted authority to create a planning department. Under Chapter 278, the authority of the formed agency was limited in scope to the subdivision of land under commercial development. This power is claimed by the state to protect the health and welfare of the general public. It is invoked pursuant to the police powers of the state. To challenge that authority is not the point of this commentary.
The issue I would like to highlight is the illegal appointment of a “special police force” which is assumed by our bureaucrats to be operating under the authority granted by Chapter 278 of the NRS. These bureaucrats are attempting to enforce the Washoe County Development Code as general law, with criminal or civil punishments subject not to specific written authority, granted by law, but to the arbitrary will of the “special police force” officers.
Chapter 278 clearly applies to the subdivision of land for commercial purposes. A few members of the “special police force” believe it is within their authority to obtain search warrants to aid them in random searches. These are similar to the “writ of assistance” (used in its historic sense describing the warrants issued by the king to gain entry into homes suspected of having untaxed contraband) which began the American Revolution.
This type of warrant, a generally worded, broad authority to examine private property—not specifying what is searched for nor its location—is called a misdemeanor warrant. It is written to give authorities clearance to enter private property, to search for violations of law, illegal storage or trash—whatever suits their disposition that day.
Our justice courts have authorized this type of warrant with no obvious foundation for issuing such a warrant written in the law. These warrants are apparently issued under the presumption that our bureaucrats would never do anything illegal.
After my family was humiliated by an illegal search, with our constitutional rights lying in shambles, we were charged in a court that neither recognizes the Constitution nor our constitutional rights, eliminates the jury and limits our appeals to the local district court, where politics determine decisions, not law. Do these judges have any liability for a finding, which clearly violates the Constitution and the law as written by our legislature?
The answer is no!
I don’t understand how people can still call this a land of liberty.