is it breaking and entering if your door isnt locked?
 

i have a house im flipping and the contractor was in the basement doing work, and the building inspector came in without knocking because the door wasnt locked and wrote him up for a few things that there wasnt a permit pulled for.

do i have any kind of legal ground, i would consider that breaking and entering since he just came in my house unannounced without knocking.

sue the city for a shit ton :thumbsup

Doubtful you'd have any recourse of any kind.

That would be like me trying to sue the power company for trespass when they come by and read my meter without first asking my permission to.

Not really, the meter is normally outside and doesn't require any entering :2 cents:

i know from personal experience that it IS Breaking and entering when the door is unlocked.

All depends on where you live...

Did he also jerk off while he was there, and shoot a big, thick, creamy man mess, all down your wall?

Not that its at all relevant to your personal case, but on the extremely slight chance that he did...

Could you post pics please?

Thanks :)

The funny looking guy that said this has it right.


:)

I hate fucking building inspectors. The lady in our town is anal about every little thing.

I'd say building inspectors have a "right-of-way" type thing to be able to make surprise inspections of work sites. Like how meter readers can come on your property and it isn't trespassing. That sort of thing.

in some states its considered criminal trespass...

i dont know what the difference is...

Trespassing is a better word to describe your sitiuation. The guy didn't break anything.

:1orglaugh
Right!
Ask someone who really knows this issue

i know from personal experience that it IS Breaking and entering when the door is unlocked.

Its called trespassing, although I don't know if as an inspector has the rights to check the grounds without your permission. I would check that out.

So - you hired a contractor that inst fully legal... thus breaking rules... and you want to loophole it in your favor?

i doubt you will get far - but for fun - What were the violations?

Sounds like you're screwed on this one , bro.

if you called him there i dont think so ask po po = police for u white folks hehehe

Was he invited or was their an appointment on that day?

Either way, I think his findings will still be valid even if you can get him arrested for some breaking and entering. I don't think it works like evidence, where if the evidence is gained illegally it gets thrown out of court.

I think his alleged breaking and entering and your violations are two seperate issues.

Just my worthless thoughts on the matter as I'm not a lawyer.

The police can not enter your home without permission (unless an actual crime is in progress, or they have a no knock warrant) , neither can the building inspector, nor any other public official.

It is unlawful entry AND criminal trespass.. Breaking and entering is usually in reference to burglary as it requires a minimal application of force. The opening of an unlocked door is sufficient, however, entry via an already open door is insufficient. This does not require any actual breaking as minimal force or action of opening the door suffices to fulfil the requirments of the breaking and entering statutes... BUT you also have to contend with INTENT or actual commission of a crime and in this scenario there is none, so you're only option is to seek complaint for tresspassing

Personally I'd just play his game and let go of thinking you're going to get him in some way. Make him feel important and that you take him serious and the whole thing will go much better for you.

If you actually press some sort of charges against this inspector, if you even can, what do you think is going to happen next time they inspectors come calling? They're going to make the entire process that much more difficult.

Think of it like this: You have nothing to gain but much to lose.

Being that you happen to be in Detroit, idk.... but I do know in Ohio, you're up shit creek. I've been a part of construction in NE Ohio for almost 10 solid years now. We've had building inspectors show up at all hours and they are always in the right.
You have to figure if you attempt to level a complaint against the inspector, you are basicaly leveling that complaint against the county, city or township you are working in, and thats a real bad move if you ever wish to conduct business in that county or city/ township again.
I would just pay any fines or make right any wrongs. It sucks that the dick just walked right in and did that but he has you over a barrel. Pushing the issue can fuck things up in a big way.

this is from a building inspectors forum


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As a former municipal building inspector, who is still a registered code encorcement officer in NYS, I can tell you that a municipal inspector must be very careful about how they enter a one or two family dwelling. The Codes Division basic training courses here (started in the late 1980's) make it expressly clear that an inspector must use the front door, and must obtain the owner's permission, before entering the premises (even the yard). The issuance of, or outstanding, violations or stop work orders does not waive this basic requirement!! If the owner is not home, or if a babysitter, or other non-adult, is present you are trained not to enter. If they will not allow you on the property, you must leave.

Violation cases have been thrown out of court here when the inspector's observations (evidence) were gathered improperly. Its like failing to give Miranda rights statement to a criminal suspect, it won't stand up.
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Actually, it very well can be. He has to open the side gate of my backyard and enter my back yard to reach the meter :)

Seems hard to believe that he would just walk in without knocking... were you actually there? are you sure the contractor isn't making shit up?

flipping a home in this fucking market? Jesus, you are a sadist

was his visit scheduled, and he walked in because he heard the construction noise, and with no answer to the open door?

why didn't you have permits for the extra work, btw? it protects you as a seller to have all of your work documented.