04-25-2015, 04:25 AM
I've dealt with these issues in the past as a developer/builder and was informed by our legal staff something along the lines of the following.
Entering a house for inspection without consent or a warrant is a violation of the 4th amendment, period. If the permits had expired, so to had any former inferred consents to inspect the premises (typically such inspections are allowed only by request and not surprise arrival (surprise non agreed to forced inspections are more typical of fire departments acting outside the boundaries of the law in new construction projects (being bored and becoming lookie Lous for self gratification))). After ordering them to leave the first time, they should have left.
Any law that is expressed to grant private property inspection powers by reason of suspicion and or without warrant or consent are in violation of the 4th amendment short of "blood trail" emergency circumstances (for police only). Also, any laws written that require a citizen to relinquish these rights in order to gain permits are also in violation of the 4th amendment.
Can an inspector inspect your house because a neighbor called to inform them you were in violation? Not without your consent or a court ordered warrant. Any law that undermines these prerequisites is invalid. If the building inspector threatens to return with the police to gain entry, they are violating your 4th amendment rights. A court issued warrant must be established and should the inspector return with the police and no warrant, you should inform the police that the inspector needs a court issued inspection warrant and that your 4th amendment right cannot be terminated legislatively. If they insist on violating that right, then your rights have been violated and you've the right to file suit against the offending individuals personally, the agencies involved and responsible municipality that legislated the particular rights violation.
ETA... The above being said, pick your battles wisely.
Entering a house for inspection without consent or a warrant is a violation of the 4th amendment, period. If the permits had expired, so to had any former inferred consents to inspect the premises (typically such inspections are allowed only by request and not surprise arrival (surprise non agreed to forced inspections are more typical of fire departments acting outside the boundaries of the law in new construction projects (being bored and becoming lookie Lous for self gratification))). After ordering them to leave the first time, they should have left.
Any law that is expressed to grant private property inspection powers by reason of suspicion and or without warrant or consent are in violation of the 4th amendment short of "blood trail" emergency circumstances (for police only). Also, any laws written that require a citizen to relinquish these rights in order to gain permits are also in violation of the 4th amendment.
Can an inspector inspect your house because a neighbor called to inform them you were in violation? Not without your consent or a court ordered warrant. Any law that undermines these prerequisites is invalid. If the building inspector threatens to return with the police to gain entry, they are violating your 4th amendment rights. A court issued warrant must be established and should the inspector return with the police and no warrant, you should inform the police that the inspector needs a court issued inspection warrant and that your 4th amendment right cannot be terminated legislatively. If they insist on violating that right, then your rights have been violated and you've the right to file suit against the offending individuals personally, the agencies involved and responsible municipality that legislated the particular rights violation.
ETA... The above being said, pick your battles wisely.