Authority for Inspections

In their constitutions, the federal government and the Commonwealth of Massachusetts have outlined the rights of individuals when being subjected to search or seizure.

 

  

Camara v. Municipal Court of the City and County of San Francisco, 387 U.S. 523 (1967)

In 1963, a San Francisco housing inspector attempted to gain entry into the ground floor of an apartment building (without a search warrant) after learning that the lessee might be violating the building's occupancy permit by using the first floor space as his own personal dwelling. The inspector was denied permission to enter. On a second attempt to search the premises, the inspector still did not have a search warrant and the lessee refused the inspection.

A few weeks later, a third attempt at a warrantless home inspection failed. A formal complaint was filed against the lessee for failing to permit a lawful inspection in violation of the housing code. The lessee ultimately appealed to the United States Supreme Court claiming that the section of the housing code that gave authority to housing inspectors to enter a premises without a warrant was in violation of the Fourth Amendment, which protects the right of the people to be free from unreasonable searches without probable cause and a warrant.

The Supreme Court ruled that administrative health and safety inspections conducted without a search warrant are unreasonable, except in narrowly defined situations, like emergencies. The Court stated that even though inspection's purpose was not to find evidence for criminal activity, administrative inspections for the following codes threaten the liberties protected by the 4th Amendment:

• Fire
• Health
• Housing

This Supreme Court found that the right of authorities to enter private property without a civil (administrative) search warrant represent significant intrusions upon the interests protected by the Fourth Amendment, and that such searches, when authorized and conducted without a warrant procedure, lack the traditional safeguards which the Fourth Amendment guarantees to the individual.

Massachusetts Laws and Regulations

In Massachusetts, there are laws and regulations that grant LBOH the authority to conduct inspections on public and private property. These laws and regulations are designed to control the spread of disease, promote safe and sanitary living conditions, protect the environment, and can include provisions that address interference with inspections.

  

  Remember, while laws and regulations provide LBOH the authority to conduct inspections, access for these inspections may be denied. If so, the interference provisions should be followed.