Grand Blanc, MI asked in Real Estate Law, Constitutional Law and Municipal Law for Michigan

Q: Can a building inspector enter into a private home without a warrant?

Local building inspector entered unoccupied private property without permission of owner or a warrant and take pictures to use as evidence in a civil procedure?

Can Camara v. Municipal Court (1967) or Mapp v. Ohio (1961) be cited to have the pictures deemed inadmissible?

1 Lawyer Answer
David Soble
David Soble
  • Farmington Hills, MI
  • Licensed in Michigan

A: Municipalities have wide latitude to enact building codes and enforce them for the benefit of public safety.

If the home is condemned or has other immediate safety issues, the city should have tagged the property and also sent out letters to the owners, based upon the owners' registered address, notifying the owners of the problems.

If this property you speak of is a public safety hazard and they are not getting any responses from the owner, then I believe that the city has the right to enter the property to inspect and secure the property.

Furthermore, I am assuming this property is located in Michigan and therefore, Michigan law will apply.

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