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Code enforcement officers entering apartment building to investigate claims electric meters were unsafely bypassed did not violate Fourth Amendment

By John Wesley Hall, Jr.

Code enforcement officers did not violate the Fourth Amendment by entering defendant's apartment building property to investigate claims that electrical meters had been bypassed in a way that was dangerous to anybody coming near it. They also have qualified immunity. Lease v. Tyler, 2008 U.S. Dist. LEXIS 49743 (M.D. Pa. June 30, 2008).* A Toledo Municipal Ordinance requiring convenience stores to make surveillance videos of the activity inside of stores went too far under the Fourth Amendment because the videotaping included when the stores were closed and production of the videotape for the police was required without cause. The ordinance appears to impose unconstitutional conducts, so plaintiffs have shown a likelihood of success on the merits...continue to full post

Full post as published by Fourth Amendment on July 05, 2008 (boomark / email).