We need to see a search warrant. We don't consent to any unlawful searches. No. No. We don't consent to any searches and seizures. You're trespassing. Hey, Mr. Mr. McFarlane, you're trespassing. >> This is Mr. McFarlane, a citizen who knows his rights inside out. When Wayne police and firefighters arrived to inspect a backyard fire, he immediately invoked the Fourth Amendment. McFarlane claimed the area was part of the curtilage, the land immediately surrounding a house, and demanded a search warrant signed by a magistrate. Did you know your backyard has a legal shield called curtilage? Mr. McFarlane knows it well. He stopped the police right at his property line shouting, "No warrant, no entry." But, here's the twist. Wayne city officials relied on an ordinance allowing safety inspections without a warrant. Hey, Herrera, can you come to me real quick? They said you guys were on scene and code three. >> We We were They They told us to meet up at Wayne and Glenwood. Oh, okay. We Well, we drove by and we were at and on Lauren Road. Oh. Well, I mean, there's There's a fire down there. I haven't been able to assess it cuz the fire >> So, what's the um If you guys don't If you guys If it seems like it's it's not within ordinance, you guys have to put it out, correct? And it's with It might They change The ordinance has changed a little bit. So, we just need to get down there and look at it. There are a few things. And if he's willing to be an adult [ __ ] adult about everything, then we can just have a conversation. All right. Well, and wants you to talk to him cuz you're a female? I mean, I don't know. I don't know what it is. Um so, just Tell him what? Basically, that they have to go back They have to go down there and and uh yeah. We got to check it out and see if it complies with the ordinance. Okay, you guys figure it out. I am, kind of. Yeah. I'm going to ask my brother. Hello. We need to see a search warrant. We don't consent to any unlawful searches. No. No. We don't consent to any searches and seizures. You're trespassing. Hey, Mr. Mr. McFarlane, you're trespassing. I got you. >> Don't come any closer. I need to see a search warrant. Listen, they just >> Search warrant signed by a magistrate judge. That's it. No. We got that on video. Magistrate judge. Search warrant, guys. Fourth Amendment applies. Mr. McFarlane, so what they're trying to do is they're trying to They're trying to go down there and make sure that it's within policy our our ordinance. >> to have a search warrant. The Fourth Amendment Okay. If it's within ordinance, then we're good. >> Fourth Amendment, guys. Yeah, but Fourth Amendment. The ordinance is irrelevant. The Fourth Amendment Okay. No. Mr. McFarlane, they're going to They're going to go down there again. They're going to check. No. You already guys already have a lawsuit right now. >> Okay. Literally, I'm going to file a lawsuit. We're waiting on an injunction, please. >> Mr. McFarlane, they're going to go down there. They're going to check. >> I don't consent. Okay. They They They still have to do their job. They got to make sure that it's safe. Yes. Fourth Amendment. Fourth Amendment. You guys are good. Fourth Amendment. This is not due process. You guys got to have a warrant to be on private property. This is the curtilage. Why are you on the property? They're going to go down there. They're going to check. >> They're going to go down there. >> the Fourth Amendment is? Yes. >> It's in your mission statement. Why Why don't you follow it? >> McFarlane, they're going to go down there. They're going to make sure that it's safe that and everything is within ordinance, then we get out of here. That's it. >> What is hard to understand about a warrant, guys? To search and seize a property, you need a search warrant. >> And then, what's so hard to understand about them checking the the the fire? Fourth Amendment, guys. You guys are good. I I can If he If he's here If he interferes, I'll stop him. I mean, that's up to you guys if you want to uh I mean, that's that's all you guys' issue. If uh If you want to wake up the uh the residents, get one of them to make them go for it. Okay. All right, let's we can go all the way. So, you guys You guys got water on there? Come on. I mean, it's it's I even can't tell what it is. It's like the ordinance or not. Yeah. That's up to you guys. All right. Um I'll call Ball and real quick and then I'll talk to the sergeant. We'll be with you in a minute, Mr. McFarlane. You're doing for tactics. Curtilage is the area surrounding a home that receives the same Fourth Amendment protections as the home itself. Generally, police need a warrant to enter. However, local governments often have public safety ordinances. >> [music] >> In this case, the officer cited an ordinance granting the right of entry to ensure compliance with fire safety rules. We're We're We're good. I mean, uh uh let's um uh I mean, it's You guys uh think that it it'll get worse, the fire? I'm going to talk to the guys to the uh to the whites. I kind of want to go down there and be like, "This is fine." But, just to piss them off that we're going to have That's the only reason I'm here. Well, um I mean, if at the end of the day, it's If it's too close to the woodshed, then it needs to be put out cuz it could spread to the woods. So. Uh What do you guys think? Do you think it'll get worse? I mean, if it's too close, we'll put it out. If it meets the If it meets the ordinance, then he's fine. And it looks like he farther farther down. Like I That booster isn't Um But, like without uh I'm going to mute. So, according to the ordinance, the right of entry and inspection of fire chief and authorized officer or fully representative of city Wayne who represents the residences may inspect any property for the purpose of ascertaining compliance with the provision of this section. Well, so you're You're good to go down there. So. Yeah. All right. So. Um yeah, if you guys want to go down there, I can stop him if Yeah, we Yeah, we need We need to inspect it to make sure that it goes to the woods. Okay. to the woods. All right. Okay. Hey, Mr. McFarlane, so they're going to go down there. They're going to make sure that it's Listen, you're not going to interfere with them, okay? I'm letting you guys know right now. They're going to go down They're going to go down there. >> know. They already know. They already know. If it's within ordinance, then we're good, okay? So, they're going to go down there. They're going to Okay. Can I follow you, right? Sure. Is that Is my Is it Public Rights following you? Get this side. This is my good side. Okay, we're right here. We're right here. And I get followed by them to make sure they have city ordinance. We don't consent to No, we're we're we're going to make sure Perfect. Talk. I'm videoing everything. All right. Dispatch, you got a middle of that work at work 16202020 easy easy Dispatch, you got a middle of that work 2230? I'm sorry. Hello. How are you? I'm good and good. How are you? I answered that question. I said I was good. That's great. Did you see the water around them? Well, that's all ground water. Do you have uh Do you have a hose? Do you have a shovel in which to shovel dirt on the fire? >> have shovels. Okay. Well, can I Can I see them just that way That way I can sh- That way I can say that you guys are in compliance. >> Show him a shovel. Mhm. >> [snorts] [snorts] >> You have to do the makeup. Oh, does he have to go to the house to get the shovel? Oh, oh, he had to go pretty pretty good distance away. No. Oh, he was all the way up at the house? No, it's dark. Okay. How did you know that he didn't have it in his hand when you came out? I just watched him go all the way out there, but that's okay. Stop talking, Kathy. I'm not talking to your wife. >> Your wife. Stop talking or go inside. Okay, okay, there's the shovel. Look at that. >> [snorts] >> Go inside. Marty, do you have your phone on you? Uh, it's in the car, I think. >> your phone on you? No. So, Mr. McFarland, your your your beautiful pit looks like you're you're you're doing your best to come closer to compliance. Uh, couple of issues just with the new ordinance. Uh, I'm not sure if you've read through the entirety. I'm I'm guessing you probably have. Your uh It has to be completely encased by the steel mesh with openings no larger than a quarter of an inch. Uh, I don't have a tape measure, but uh that is definitely more than a quarter of an inch. >> Thank you. Uh I can I can get a tape measure if you if you want to dispute that. Uh It well, I cannot guarantee I do notice you don't have any gas-fired equipment out here that would utilize gasoline. You have the gas can sitting right there. I'd recommend number one keeping the gas can further away from the fire, and then just make sure you don't utilize that to start the fire. But as long as you can get that lid to completely sealed on there, I don't see any problem with it. Thank you, sir. Okay, but that lid has to be sealed completely on it. And uh And the the only other question that I would have for you is wherever your property line is. How far back that way? Oh, 100 ft long. 100 ft plus? Okay. Okay. So, yeah, if just uh make sure that that lid get you don't pile too much on there so that the lid can can seal on your pit, and you're good. Okay? Okay. You have a good night. >> You too. Have a nice one. Good one. Thank you. 520 35 320 35 Nice backyard. It is. It ain't that hard to find a lot, but this with this lot Yeah. It's not hard to find a lot. Yeah. And you have you have the space. Yeah, he has the space to do it and Hey, who's 70? Pretty good. I'm here on overtime. Are you able to just get hit so Case details. Reason for contact. Responding to a report of a potential fire ordinance violation in a backyard. Property owner invoked Fourth Amendment curtilage protection versus city's right of entry ordinance. Non-compliant initially. Demanded a search warrant signed by a magistrate. Resolution. Peaceful inspection conducted. Subject provided a shovel and adjusted the fire pit lid to comply with safety standards.