Q: Is it legal for a PI to enter my garage without permission in NJ?
I live in New Jersey and have noticed a private investigator around my house as part of a School District residency investigation. Previously, when I observed someone I believed was stalking me, I contacted the police, and they informed me it was permissible for the investigator to be parked on the street. Recently, the investigator entered my garage, which has no physical barriers, to take photos of my car. No one from the School District has reached out to me regarding this investigation. Is it legal for the investigator to enter my garage without my permission?
A:
A private investigator entering your garage without permission would likely be considered trespassing under New Jersey law. In New Jersey, private investigators cannot trespass on private property while gathering information. Your garage, even without physical barriers, is still considered part of your private property.
New Jersey recognizes different types of trespassing. According to New Jersey Statute 2C:18-3, there are three main types of criminal trespassing: defiant trespassing, unlicensed entry of a structure, and peering. A garage would typically fall under the category of a structure connected to a dwelling, making unauthorized entry potentially serious.
In New Jersey, trespassing involves "being on someone else's private property without permission to be there." The fact that your garage has no physical barriers doesn't automatically give anyone the right to enter it. While investigators may observe from public spaces like the street (as the police confirmed to you), they generally don't have special legal rights to enter private property.
If you're concerned about this situation, you might want to document the incident and consult with a lawyer who specializes in New Jersey property law. They can provide guidance specific to your circumstances and help you understand what steps you might take next, whether that's filing a complaint or addressing the matter with the school district directly.
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