Bozeman's strong-arm enforcers - Fireman!

• Three firemen, an intimidating number, walked into my office last week, and it turns out they were there to inspect my office for compliance. No notice, no warrant, no knock. 
  
  My office is private property, so one would think that agents of the government would be required to comply with the Constitution. Amendment Four: "The right of the People to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..."
  
  But apparently I am not secure. Why? Here's the Bozeman Municipal code:
  
  Sec. 12.02.140. - Inspections; persons authorized.

  A.

  The following persons are authorized to conduct inspections in the manner prescribed herein:

  1.

  Program administrator. The program administrator shall make all investigations reasonably necessary to the enforcement of this chapter.

  2.

  City officers. All police, fire, building inspectors, city engineers, zoning officials, and other officials designated by the city manager, shall inspect and examine businesses located within their respective jurisdictions to enforce compliance with the chapter.

  (Code 1982, § 5.04.140; Ord. No. 1273, § 13(A), 1988; Ord. No. 1948, § 10, 5-9-2016)

• Note that a whole gamut of people can be authorized by the city manager to conduct inspections. Now read the next section, which unconstitutionally empowers government to enter without a warrant or even probable cause: 

  
  

  Sec. 12.02.150. - Authority of inspectors.

  A.

  All persons authorized herein to inspect licensees and businesses shall have the authority to enter, with or without search warrant, at all reasonable times, the following premises:

  1.

  Those for which a license is required;

  2.

  Those for which a license was issued and which, at the time of inspection, are operating under such license;

  3.

  Those for which the license has been revoked or suspended.

  (Code 1982, § 5.04.150; Ord. No. 1273, § 13(B), 1988)

• The foot in the door is the city business license. Apparently the city grants permission to do business, and thus thinks it has the power to do whatever it wants as a result. 

  I suppose the city would claim that my office is a place of public accommodation, the same reasoning they use to ban smoking in bars and restaurants. However, the people who enter my property only do so by my permission. I do not accommodate the public. 

  In all cases, my customers and I are engaging in private, consensual, perfectly legal transactions. The is no public action occurring at all. Therefore the city has no authority to intervene in the private affairs of its citizens.