Released on: September 11, 2008, 4:40 pm

Press Release Author: Darren Michaels - Private Attorney General - HOMESTEAD
SERVICES

Industry: Real Estate

Press Release Summary: CODE ENFORCEMENT LIENS CAN BE AVOIDED FROM BEING ATTACHED
AGAINST YOUR HOMESTEAD PROPERTY

Press Release Body: Most Florida homeowners are unaware that judgment liens can be
applied against homestead property UNLESS certain specific statutory requirements
are fulfilled in their entirety. Once these requirements are fulfilled then a code
enforcement lien can NOT be \"legally enforceable\" against your home.

FIRST, Any code enforcement officer or police officer or sheriff must have a bona
fide search warrant or prior consent and approval of the owner is required to step
one foot on your private property for a search of these premises. Never grant them
consent! You do not even has to speak to a law enforcement officer without the
present of counsel and they know this! This is also a protected right.

Let them go through the legal requirements of obtaining probable cause to acquire a
search warrant to enter on your private property. A local government code inspector
or even a law enforcement officer is not legally authorized to enter onto any
private, commercial or residential property to assure compliance with or to enforce
the various technical codes or to conduct any administrative inspections or searches
without the consent of the owner or the operator or occupant of such premises, or
without a duly issued search or administrative inspection warrant. If they violate
your rights then they operating outside their legal scope of authority and can be
legally accountable. All government employees must be bonded or insured against such
acts involving the general public.

The Fourth Amendment to the United States Constitution, made applicable to the
states through the due process clause of the Fourteenth Amendment,[5] guarantees to
all persons the right to be secure from unreasonable governmental intrusion.
Further, the Florida Constitution provides protection from unreasonable searches and
seizures in Article I, section 12:

\"The right of the people to be secure in their persons, houses, papers and effects
against unreasonable searches and seizures, and against the unreasonable
interception of private communications by any means, shall not be violated. No
warrant shall be issued except upon probable cause, supported by affidavit,
particularly describing the place or places to be searched, the person or persons,
thing or things to be seized, the communication to be intercepted, and the nature of
evidence to be obtained. This right shall be construed in conformity with the 4th
Amendment to the United States Constitution, as interpreted by the United States
Supreme Court. Articles or information obtained in violation of this right shall not
be admissible in evidence if such articles or information would be inadmissible
under decisions of the United States Supreme Court construing the 4th Amendment to
the United States Constitution.\"[6]

Administrative searches or inspections conducted outside the judicial process
without consent and without prior approval (as evidenced by an administrative search
warrant) are not reasonable, unless it can be shown that the administrative search
or inspection falls within one of the well-established exceptions to this rule.[7]
The protection from unreasonable searches provided by section 12, Article I, Florida
Constitution, and the Fourth Amendment to the U.S. Constitution, are extended to
both business or commercial premises and to private residences.[8]

If your personal and/or private rights have been violated against illegal search and
seizure that has occurred by any government employee than you have a right to file a
civil and criminal complaint and possibly sue against all parties
that came on your property, including law enforcement officers also. These parties
are operating under \"color of law\" and outside their lawful scope of their duties.

Secondly, Florida Homestead Exemption does not protect your homestead property
against judgment liens or code enforcement liens (non-equity) since the exemption
form is filed directly with the Florida Department of Revenue and is not a part of
your public records.

A lien pursuant to chapter 55 of any lienor upon whom such notice is served, who
fails to institute an action for a declaratory judgment to determine the
constitutional homestead status of the property described.

FOR MORE INFORMATION ON PROTECTION AGAINST CODE ENFORCEMENT LIENS AGAINST YOUR HOME,
PLEASE CONTACT US AT www.homesteadservicesflorida.com

Our founding fathers created all levels of government to be the biggest protector of
our \"person\" and \"property\". Sadly today, our government is the biggest confiscators
of our property through a very corrupt court system which operates in a
administratively role only, not judicial. The only proper judicial court is the U.S.
COURT of CLAIMS in Washington D.C. since in 1933 U.S. Congress replaced state
sovereignty and eliminated all public offices pursuant to 28 U.S.C 1608, also see 22
U.S.C. 11

Thomas Jefferson said \"The Greatest threat to American Citizens is the Judiciary\".
HALT’s 2008 Judicial Accountability Report Card is the nation’s first rated Florida
comprehensive evaluation of the systems that discipline and remove incompetent and
abusive members of the state and federal judiciaries.

FLORIDA\'S JUDICIAL OVERALL GRADE = \"C\"
HALT interviewed judicial conduct administrators, analyzed statistics from the
American Judicature Society and the Center for Public Integrity, evaluated judicial
conduct Web sites and rules of disciplinary procedure, studied state and federal
statutes that govern judicial financial disclosure and gift receipt, and reviewed
the United States Judicial Conference’s new 2008
rules on judicial conduct and disability.

Furthermore, through numerous excellent pro se litigant groups and their unyielding
legal research against the willful tyranny committed by our local courts and their
officers of court, such as a good and personal friend of mine, Bob Hurt of
Clearwater, FL had exposed the indisputable fact, that MOST Florida state judges,
appeals judges and even several Florida Supreme Judges are not nor have ever been
properly qualified to adjudicate any orders from the bench since their oaths (FS
876.05, FS 105.031) has never been properly attested to and has failed to contain a
proper or mandated jurat. As a Florida Notary myself, I can attest to this apparent
evidenced of fact.

REMEMBER, the power is still with \"the People\" but we have let these officials get
away with so many unlawful and illegal acts for so long, it is extremely difficult
to break this trend but not impossible. Don\'t let anyone tell you what your rights
are - know them yourself! As the bible says in Hosea 4:6 \"My people are destroyed
from lack of knowledge\"

Darren Michaels
Private Attorney General - 42 USC 1988
Federal Witness - 18 U.S.C. 1510
Criminal Investigator - 18 U.S.C. 1512
Publicly ordained Minister - 18 U.S.C. 112 Protection of foreign officals, official
guests, internationally protected persons
Florida Notary - F.S. 119


Web Site: http://homesteadservicesflorida.com

Contact Details: PO Box 18893
Sarasota FL 34276

941-822-4663
305-647-5232
305-359-1122
515-474-5123 FAX
info@homesteadservicesflorida.com - email