IN: Admin. inspector’s entry onto yard for housing code violation didn’t violate 4A

A city inspector followed state statute and entered upon a homeowner’s property after he saw a deck and above ground pool being built in violation of the local housing code. The entry was reasonable and did not require a administrative search warrant since it was outdoor and not inside. Metro. Dev. Comm’n v. Powell, 2020 Ind. App. LEXIS 528 (Dec. 14, 2020).

“Here, when Officer Mack smelled marijuana coming from inside the residence he had probable cause to believe there was additional marijuana inside the home, justifying a warrant to search the premises. [¶] The Court further finds that Officer Mack’s act of briefly stepping into the subject residence to obtain a shirt for Defendant, before the obtaining the search warrant, was not itself a search.” United States v. Bailey, 2020 U.S. Dist. LEXIS 233779 (W.D. N.C. Dec. 11, 2020).*

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