is it breaking and entering if your door isnt locked? - GoFuckYourself.com

beemk · 12-30-2008, 11:35 AM

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.

HorseShit · 12-30-2008, 11:40 AM

sue the city for a shit ton

Bama · 12-30-2008, 11:44 AM

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.

HorseShit · 12-30-2008, 11:44 AM

Quote:

Originally Posted by Bama

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

UniqueD · 12-30-2008, 11:47 AM

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

Wizzo · 12-30-2008, 11:47 AM

All depends on where you live...

CurrentlySober · 12-30-2008, 11:47 AM

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

pornguy · 12-30-2008, 11:51 AM

Quote:

Originally Posted by Wizzo

All depends on where you live...

The funny looking guy that said this has it right.

Sosa · 12-30-2008, 11:55 AM

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

Malicious Biz · 12-30-2008, 11:56 AM

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.

marketsmart · 12-30-2008, 11:57 AM

Quote:

Originally Posted by UniqueD

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

in some states its considered criminal trespass...

i dont know what the difference is...

PXN · 12-30-2008, 01:26 PM

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

John-ACWM · 12-30-2008, 01:33 PM

Quote:

Originally Posted by PXN

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

Right!
Ask someone who really knows this issue

UniqueD · 12-30-2008, 01:39 PM

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

Meeper · 12-30-2008, 01:41 PM

Quote:

Originally Posted by beemk

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.

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.

Deej · 12-30-2008, 01:43 PM

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?

bloggingseo · 12-30-2008, 01:46 PM

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

brassmonkey · 12-30-2008, 01:51 PM

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

mynameisjim · 12-30-2008, 01:57 PM

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.

spacedog · 12-30-2008, 02:09 PM

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

WarChild · 12-30-2008, 02:13 PM

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.

jmcb420 · 12-30-2008, 02:14 PM

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.

SmokeyTheBear · 12-30-2008, 03:08 PM

this is from a building inspectors forum

----------------------
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.
-------------------------------------

Bama · 12-30-2008, 04:51 PM

Quote:

Originally Posted by jdavis

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

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

woj · 12-30-2008, 06:03 PM

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?

OG LennyT · 12-30-2008, 06:07 PM

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

421Fill · 12-30-2008, 06:25 PM

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.

12-30-2008, 11:35 AM	#1
beemk CLICK HERE Industry Role: Join Date: Jan 2002 Posts: 20,829	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. __________________ I host with Vacares

12-30-2008, 11:47 AM	#6
Wizzo 2011 GFY Hall of Fame! Industry Role: Join Date: Nov 2000 Location: Back in Texas! Posts: 15,224	All depends on where you live... __________________ Looking for Opportunity!

12-30-2008, 11:47 AM	#7
CurrentlySober Too lazy to wipe my ass Industry Role: Join Date: Aug 2002 Location: A Public Bathroom Posts: 38,639	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 __________________ My AI Handywork... My Dream Gal... XXX 👁️ 👍️ 💩

12-30-2008, 01:43 PM	#16
Deej I make pixels work Industry Role: Join Date: Jun 2005 Location: I live here... Posts: 24,386	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? __________________ Deej's Designs n' What Not Hit me up for Design, CSS & Photo Retouching Icq#30096880

12-30-2008, 01:46 PM	#17
bloggingseo Confirmed User Join Date: May 2007 Location: Austin Posts: 1,793	Sounds like you're screwed on this one , bro. __________________ Writing mainstream and adult since 2003 Hit me up ICQ 375089597

12-30-2008, 11:40 AM	#2
HorseShit Too lazy to set a custom title Join Date: Dec 2004 Posts: 17,513	sue the city for a shit ton

12-30-2008, 11:44 AM	#3
Bama Confirmed User Join Date: Nov 2001 Location: Redmond, WA Posts: 2,727	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.

12-30-2008, 11:47 AM	#5
UniqueD Confirmed User Industry Role: Join Date: Aug 2004 Location: Barcelona Posts: 1,022	i know from personal experience that it IS Breaking and entering when the door is unlocked.

12-30-2008, 11:55 AM	#9
Sosa In Tushy Land Join Date: Oct 2002 Location: Nebraska Posts: 40,149	I hate fucking building inspectors. The lady in our town is anal about every little thing.

12-30-2008, 11:56 AM	#10
Malicious Biz So Fucking Banned Join Date: Mar 2005 Location: Put Shoe On Head Plz Posts: 4,575	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.

12-30-2008, 01:26 PM	#12
PXN Confirmed User Join Date: Jun 2008 Posts: 1,548	Trespassing is a better word to describe your sitiuation. The guy didn't break anything.

12-30-2008, 01:39 PM	#14
UniqueD Confirmed User Industry Role: Join Date: Aug 2004 Location: Barcelona Posts: 1,022	i know from personal experience that it IS Breaking and entering when the door is unlocked.

12-30-2008, 01:51 PM	#18
brassmonkey Pay It Forward Industry Role: Join Date: Sep 2005 Location: Yo Mama House Posts: 77,227	if you called him there i dont think so ask po po = police for u white folks hehehe __________________ TRUMP 2025 KEKAW!!! - The Laken Riley Act Is Law! DACA ENDED - SUPPORT AZ HCR 2060 52R - email: brassballz-at-techie.com

12-30-2008, 01:57 PM	#19
mynameisjim Confirmed User Join Date: Aug 2007 Posts: 2,985	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. __________________ jim (at) amateursconvert . com Amateurs Convert

12-30-2008, 02:09 PM	#20
spacedog Yes that IS me. Bitch. Industry Role: Join Date: Nov 2001 Posts: 14,149	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 Last edited by spacedog; 12-30-2008 at 02:10 PM..

12-30-2008, 02:13 PM	#21
WarChild Let slip the dogs of war. Industry Role: Join Date: Jan 2003 Location: Bermuda Posts: 17,263	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. __________________ .

12-30-2008, 02:14 PM	#22
jmcb420 So Fucking Drunk Industry Role: Join Date: Oct 2006 Posts: 2,155	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. __________________ I'm funner than AIDS, and easier to explain to your parents.

12-30-2008, 03:08 PM	#23
SmokeyTheBear ►SouthOfHeaven Join Date: Jun 2004 Location: PlanetEarth MyBoardRank: GerbilMaster My-Penis-Size: extralarge MyWeapon: Computer Posts: 28,609	this is from a building inspectors forum ---------------------- 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. ------------------------------------- __________________ hatisblack at yahoo.com

12-30-2008, 06:03 PM	#25
woj <&(©¿©)&> Industry Role: Join Date: Jul 2002 Location: Chicago Posts: 47,882	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? __________________ Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000 Affiliate program tools: Hosted Galleries Manager Banner Manager Video Manager Wordpress Affiliate Plugin Pic/Movie of the Day Fansign Generator Zip Manager

12-30-2008, 06:07 PM	#26
OG LennyT Wall Street Pimp Industry Role: Join Date: Jun 2003 Location: Phoenix, AZ Posts: 14,345	flipping a home in this fucking market? Jesus, you are a sadist __________________ Tradeking - my online broker \| 4.95 a trade \| make real $$

12-30-2008, 06:25 PM	#27
421Fill Super Mario Industry Role: Join Date: Nov 2001 Location: Swenson's Avatar Posts: 19,339	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. __________________ 99.912% of the world survived the covid pandemic. "if the allegations that the judge raped the sheriff's daughter are true..." -- 'Things I Never Thought I would Say' for $1,000, Alex