Q: Code Enforcement illegally entered and took photos on my property then issued me a summons for it?
I currently have a summons to appear for a Trash/Debris ticket in my Municipality. We requested the Town to send us pictures after numerous times of us cleaning all areas seen by the public we reviewed the photos from Code Enforcement for it to reveal they entered our backyard without permission and obviously walked up our driveway up our steps and entered our back yard/was on our back porch. Can the town enter without permission? Directly in their Property maintenance Code it says Code Enforcement Inspectors must complete all inspections within the Constitutional provisions and requirements on search and seizures. I have a right to privacy? Can I beat this?
A: Unless the municipality can show that there was an emergency situation which required immediate attention, the municipal officials can not enter your premises without your permission.
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