Is a Bldg inspector a policeman?

I presume the thrust of the original question is not so much whether the inspector can arrest you for code violations but rather what the consequences are of the inspector noticing evidence of criminal activity (not just code violations).

If your computer conks out and you take it to Best Buy to have the Geek Squad fix it and the guy finds your cache of kiddie p*rn on the hard drive and calls the cops you're going down and no claim of warrantless search is going to help because you voluntarily took the machine in. But if the building inspector visits your place and he sees your grow room filled with pot plants is it different because he's an agent of government and can demand admission under some rule of building code law yet doesn't have a warrant to be conducting a criminal search? I imagine he's not obligated to ignore what he sees and he can give police info leading to a full fledged search. No violation of expectations of privacy.

Now then if in the meantime you destroy every molecule of contraband and the only evidence of the crime is his testimony (let's say he's a BI only part time and he's also a PhD in botany and can testify as an expert that what he saw was pot) then I don't know.

Reply to
Steve Kraus
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I would guess he could, under the clear view doctorine if nothing else. If he enters a building under a legal reason (to do an inspection of your newly finished basement for instance) and you happen to have your "garden" already set-up in the area he is inspecting, then he can tell anyone he wants to about it and it would be legal for the cops to use the information to get the warrants they need. Also the warrant has to be for a CRIMINAL search. As long as he sees (or smells or ...) something during the regular course of his or her business, then the cops can act on it no matter if he is an agent of government. He has to be an AGENT of the cops (a good example is a utility worker who, at the behest of the cops, asks to enter a building to make sure the gas is okay) for there to be problems. If the cops put him up to it, he is an agent of the cops and everything they get is fruit of the poisoned tree, to coin a phrase. However, if the same person enters the same house because there is an actual concern about the gas and sees exactly the same thing, it can be used legally.

Reply to
Kurt Ullman

Based on this - Your Fired. You might misspell my brief pending before the court?

Have you ever seen a convict? Up close? You can tell me.

-- Oren

"My doctor says I have a malformed public-duty gland and a natural deficiency in moral fiber, and that I am therefore excused from saving Universes."

Reply to
Oren

Are you the Public Defender; always asking the Client to plea out?

Like I said in another post; you. might misspell my Brief.

-- Oren

"My doctor says I have a malformed public-duty gland and a natural deficiency in moral fiber, and that I am therefore excused from saving Universes."

Reply to
Oren

Well he might make some mistakes, but at least he didn't misspell YOU'RE like you did.

Reply to
Eigenvector

That also varies from place to place. In San Francisco the cities paramedics ware the seven pointed stars that are reserved by California law to peace officers and they do carry handcuffs. In Maryland the states fire marshals are fully sworn law enforcement officers. They're uniformed and carry complete police equipment at all times. They enforce the fire and building codes in rural areas of the state with no local government. The only way to fully answer the question is to ask the local government officials who have to swear that individual in for her/him to exorcise police powers.

-- Tom Horne

Reply to
Thomas Horne

It's not my homework. It's yours, grampa. You're the one that claims it proves something. So prove that it does.

If you don't want to do that, read Escobedo and you'll see that I'm right.

If you really had practiced criminal law, you'd know you have to cite the text of the decision and not just the case name.

Reply to
mm

I pled the 5th, eh?

-- Oren

"Well, it doesn't happen all the time, but when it happens, it happens constantly."

Reply to
Oren

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