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Keene district court judge L. Phillips Runyon has dismissed the case brought against me regarding their claim that I need to have interconnected, AC-operated smoke detectors in my tenants’ home, which was raided by code enforcers and the fire chief in 2012. After a court hearing on the validity of the warrant authorizing the search in the first place, Runyon issued an order invalidating the fire inspection part of the search warrant and throwing out all evidence collected by the fire chief, Gary LaFreniere. The city’s attorney, Thom Mullins then motioned the court to reconsider, which was denied. Meanwhile, I filed a motion to dismiss the case, since the complaint was written by the fire chief, whose evidence had been deemed inadmissible.
That motion has been granted. Case dismissed! This case is a perfect example of why homeowners should not roll over for code enforcement and zoning threats. Many times, like this one, the state aggressors don’t even have a valid case under their own system’s rules! You never find out if you just take the plea deal or do as they are demanding. It’s people’s continued capitulation that just encourages the state people to continue to come up with new ways to control you and your friends and family. I suggest you don’t take the plea, whether on threats against your property, victimless traffic tickets (parking, speeding, etc), drugs, or other consensual “crimes”. Make them prove their case in court. Make them work for their conviction – if they get it. Don’t be surprised if you have your charge dropped right before trial or they come to you with an even better plea deal. Of course, doing all these things is more effective if you are around others who are doing the same. That’s one big reason to move to New Hampshire as part of the Free State Project, if you love liberty, that is.
The smoke alarm case is yet another win under activists’ belts in 2013, which has been an amazingly successful year in courts. Up next – Robin Hooders are on trial August 12th at 9am at Superior Court and then I’ll be in Hillsboro district court for a speeding ticket trial on Sept 5th at 9:30am. In other speeding ticket news, Free Keene blogger Conan had his speeding ticket dismissed from Keene district court when he showed up for trial yesterday, but the sheriff who ticketed him did not! Another win!
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Great news and awesome victory for liberty, we are on are way to making keene the most free city to live in GOOD WORK IAN nice….
They should send you a polite letter and ask you nicely to install the smoke detectors that they want you to have. I’m guessing you’d give their request due consideration if they expressed it like civilized people… It’s not really all that complicated or expensive to install them, so it’s really ridiculous for them to threaten you instead of just saying, “hey, buildings without interconnected smoke detectors make us nervous – would you be willing to install them?”
You might still say, “no,” but you might even agree to help make them feel better, if they asked instead of threatened…
Possible to get Fred Parsells as guest in the 3rd chair? 🙂
I am an electrician and i know that there is a new RSA in the building code that basically says you have to update your smoke alarm system to interconnect But i believe this is only if your doing any remodeling. i have remolded a lot of basements and now recently the Rochester inspector informed me of this and even put it as a note on the permit. long story short the house didnt have previous interconnect system so we didnt want to snake and put holes in there walls so we had to buy wireless interconnect smoke detectors. which… Read more »
Here in Newark, Delaware we have been busy Blue Hens fighting these kinds of battles, and worse. Even after this, http://www.udreview.com/news/council-rejects-code-change-1.1742634#.UencWvvD-01 The City of Newark continues to play a game of gotcha, designed to catch unwary students living in certain rental properties located close to the University with unnecessary “safety inspections” I’m shocked, shocked!!! Students want to live within walking distance of their campus. City inspectors use the rouse of safety in order to gain access into a student home, always careful to check the smoke detectors with their fake smoke spray, while counting tooth brushes, shoes, and beds in… Read more »
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[…] the “City of Keene” is now appealing their smoke alarm case to the Supreme Court. The Keene district court recently tossed out the city’s case against me because the city agents violated their own RSAs, which prohibit the fire chief from […]