There are some legal complications in code enforcement that I do not think are correct. We now have a SCOTUS decision that lifting the cover on a vehicle to chek it without probable cause is a 4th Amendment violation. Police officers lifted the cover on a motorcycle parked next to a house and found the bike was stolen. When they arrested the guy next, he fought the search and won.C-dub wrote: ↑Mon Sep 28, 2020 10:17 pmWhen the ticket arrived in the mail (from code enforcement BTW) I called to tell them it was not functioning and what we were planning on doing with it. During the conversation I asked how they could tell the registration had expired since it was pointed towards the house in the driveway and had a cover on it. They told me they were walking the neighborhood checking for code violations and lifted the cover to check. I complained and they said they had the right to do that according to the code.
The part I disagree with is if the city can pass laws allowing code enforcement to violate the 4th Amendment. SCOTUS has said they are inspections and as such are reasonable and therefore not against the 4th. This covers things like stopping boats to check for safety equipment and code enforcement checking if a building is being built correctly. I disagree but seem to be in the minority on this.