By Erik Galicia
The Fresno Bee
FRESNO — The Fresno City Council on Thursday voted to change city law to allow .
Fresno City Attorney Andrew Janz previously told The Fresno Bee officers will still seek consent or warrants as required by the Fourth Amendment to the U.S. Constitution, which protects people against unreasonable searches and seizures. But he added that the Fourth Amendment doesn’t require warrants “to go to someone’s front door.”
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Community members who spoke during Thursday’s council meeting said they were concerned the change makes it easier for officers to convince residents to waive their rights against unwarranted searches. City officials called it a “common sense” move that is intended to crack down on “slumlords” who repeatedly violate housing standards and have been able to use the city’s own laws to avoid inspections and penalties.
District 3 Councilmember Miguel Arias said during the meeting that the change will allow code enforcement officers, who respond to community complaints about substandard properties, to inspect buildings from the outside and determine next steps.
“The vast majority of these buildings are within neighborhoods where kids play,” he said. “We have an obligation to be able to conduct an inspection.”
The council’s decision stems from a Fresno County judge’s ruling in January that a code enforcement official inspecting a rental property violated the city’s own Municipal Code when he entered the property without consent or a warrant. Fresno residents had complained about the property and the city found serious violations, including evidence of an insect infestation. But the judge ordered the city to abandon fines against the owners for problems for uncorrected violations.
Janz said the judge’s ruling interpreted the city’s Municipal Code as requiring officers to have a warrant even to conduct visual inspections of property. He called it a “loophole” that landlords have been able to take advantage of.
“The Municipal Code has created a standard that is in excess of what the Fourth Amendment would require,” Janz said during the meeting.
He said he wants residents to “rest assured” because code enforcement officers “understand that they need to have either consent or a warrant to enter private residences.” He said he’s also spoken to Fresno Police Chief Mindy Casto about the new law.
“Her officers will continue to follow the law as it applies to the Fourth Amendment,” he said.
Should officers have more flexibility to access properties for code enforcement, or does this open the door to problems?
Police1 readers respond:
- Code enforcement officers can go anywhere a delivery man can go, where the mail man goes, UNLESS... The property is marked no trespassing, then they can’t. Most violations can be seen from the sidewalk, or from a neighbor’s property (with consent) in order to enforce the code. It gets a little trickier when you talk about private roads. I’ve been doing this a long time, and I can tell you, no special ordinance is needed to walk to a front door.
- Big NO.
- This municipal code only proves why Fresno is a highly undesirable city and why it is run so poorly.
- This flexibility will allow police officers to be able to serve and protect more efficiently!
- Good way to get shot
- It opens the door to much more problems, code enforcement officers are not trained law enforcement, they are building inspectors, they are currently given to much leeway as it is in inspecting complaints, the complainer, the reporting person, had not entered the property to file the complaint, it should be inspected by the same view as the complainter had, otherwise that is a violation of at a minimum trespassing, invasion of privacy, and the fourth and fifth amendments, if the property owner is not allowed to choose who enters their property, that could result in a fifth amendment violation, code enforcement investigating a complaint should investigate only by the same means that the complainter had, for their investigations are only supposed to verify or deny the complaint, if further investigation measures are taken, selective prosecution is implied, illegal searches and even voyeurism could be implied, by the actions of the enforcement officer, along with the criminal code that covers casing the joint as it is called...
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The Fresno Bee
