San Francisco, CA asked in Business Law, Civil Rights and Municipal Law for California

Q: Can county inspectors enter private property to do an inspection of a business onsite with no permission or warrant?

County inspectors arrived to my private property unannounced and walked past a closed gate with a posted "private property, no trespassing" sign and helped themselves to an inspection of an onsite business for code violations. They never even attempted to contact me beforehand, had no expressed permission, and no administrative warrant.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, county inspectors generally need either permission or an administrative warrant to enter private property for inspections. This is especially true for areas not open to the public or where there is a reasonable expectation of privacy. However, there are exceptions depending on the nature of the inspection and the urgency of the situation.

For instance, if the inspection is related to public health and safety, and there's an immediate threat, inspectors may be allowed entry without prior notice or a warrant. This is less common and typically applies to emergencies or situations posing significant risks.

In the situation you described, where inspectors entered your private property without notice, permission, or a warrant, this could potentially be a violation of your rights. The legality of their entry would depend on the specific circumstances and the nature of the inspection.

It would be advisable to review the specific details with legal counsel. They can assess whether the inspectors' actions were within their legal rights or if there was a breach of protocol. If it's found that the inspectors acted outside their legal authority, you may have grounds to contest any findings or actions they took as a result of the inspection.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.