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Home My WebLink About04 Entry onto PremisesDU RHAM 1869 CITY OF MEDICINE C17Y 4F DURHAM Stormwater Services Entry onto Facility Premises r�� NNN �l""• 1'ril� lii This protects them from you. DU RHAM f 1869 CITY OF MEDICINE C17Y 4F DURHAM Stormwater Services ~tLiI The right I` (tic pcople to be secure ill thei r Pcn%ojis,1ia11scs, papers, and c1led , a ain t unreasonaMe s uches wid sci ices, slu ll not 1w violatcd wid no Wammits shall issue, but upon prohable cause, supported by Oath or afl-innati n, and particularly dcscribing the place to l)c cr,-yrA %dlbri —111A IF1r+ Vtdo.i-Cr-%,7lC sir f 1 161-1ihrimc fr-► Fv* (Particularly this part.) } DU RHAM 1869 CITY OF MEDICINE ►►;►► C17Y 4F DURHAM Stormwater Services Searches we Condiint Types Locations • Inspections Commercial • Investigations Businesses • Water Quality Industrial Sites Sampling Residential Properties & Homes • City -owned properties & operations DU RHAM 1869 CITY OF MEDICINE C17Y 4F DURHAM Stormwater Services How to not run afoul of the 4thAmendment "Unreasonable Search" • Occurs when a "reasonable expectation of privacy" is infringed by government agent "Reasonable expectation of privacy" • Person/business had a subjective expectation of privacy and took steps to protect it • Society accepts the expectation as reasonable DURHAM 1869 CITY OF MEDICINE 4 ►�r`ri C17Y OF DURHAM Starmwater Services Effect on Evidence • Any evidence you collect as a result of an illegal search may be excluded from use in civil or criminal proceedings • Any evidence you discover as a result of observations you make during an illegal search may be excluded from use in civil or criminal proceedings ("fruit of the poisonous tree") DURHAM 1869 CITY OF MEDICINE How to search " reasonably " 4 ►�r`ri t C17Y OF DURHAM Starmwater Services DU RHAM 1869 CITY OF MEDICINE ►►;►► C17Y 4F DURHAM Stormwater Services plain View fA Observations of things in "plain view" do not constitute a search. Requirements- 1. You're lawfully allowed to be standing where you are, and 2. The nature of the violation is immediately )parent. DURHAM 1869 CITY OF MEDICINE 4 ►�r`ri C17Y OF DURHAM Starmwater Services Plain View: Where do you Stand? • City Streets & Sidewalks • City Easements • City Properties • Other Public Areas (parks, etc.) • Adjacent Private Properties (once you've obtained consent to be there) • Business Areas Open to the Public — Parking lot — Sales floor/lot — Reception area WWI DU RHAM 1869 CITY OF MEDICINE C17Y 4F DURHAM Stormwater Services ODen Fields • "Open fields" are not constitutionally protected • Person took no steps to keep private • Society doesn't have interest in protecting it • Not an unconstitutional search • BUT may still be a trespass DURHAM Criminal Trespassing r • 1st Degree —Class 2 Misdemeanor (1-30 days 1 8 6 9 community service) CITY OF MEDICINE Entering or remaining without authorization • On premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders; or In a building of another (but watch for 8&E) • 2nd Degree — Class 3 Misdemeanor ($$ Fine) • Entering or remaining without authorization After being told not to enter or remain by the owner, :::;►� person in charge, or lawful occupant; or • If notice not to enter premises is posted in a way ` reasonably likely to come to the attention of C17Y OF DURHAM StUImwater intruders Services DU RHAM 1869 CITY OF MEDICINE C17Y 4F DURHAM Stormwater Services Civil Trespassing �•. : ,, r s. . Whether you made a mistake or had good intentions is no defense! 11 eel DU RHAM F:nfri,r with Consent 1 1. Identify yourself by name C� 8M6,9E 2. Show your City ID badge C17Y 4F DURHAM Stormwater Services 3. Request to speak with an owner, manager, supervisor, or other person in charge 4. Explain the purpose of your visit 5. Request permission to enter and conduct your inspection DU RHAM 1869 CITY OF MEDICINE C17Y 4F DURHAM Stormwater Services A few rinfac. ranarrlinn rrnncant 0 C� • Always record the name • Consent maybe • Revoked • Limited • Apparent authority =enough NSLNT ' A single co -tenant or co-owner just ask. may revoke consent • No one is required to give consent • When in doubt, be cool DU RHAM 1869 CITY OF MEDICINE C17Y 4F DURHAM Stormwater Services Don't Tread • Without permission, don't go... • Inside places like: — Closed maintenance bays — Sheds — Offices — Fenced or walled off areas WARNING DO NOT ENTER AUTHORIZED PERSONNEL ONLY — Areas marked with signs like "Authorized Entry Only" • Also, no peeking into homes or dwellings while standing in their "curtilage" DU RHAM 1869 CITY OF MEDICINE C17Y 4F DURHAM Stormwater Services Warrants: When you must search unreasonably l A court order issued by a judicial official (usually a magistrate) authorizing government agents to conduct a search of a person, location, or vehicle for evidence of a crime and confiscate evidence if found. DURHAM 1869 CITY OF MEDICINE Administrative Search Warrants Probable 4 ►�r`ri Cause C17Y OF DURHAM Starmwater Services Periodic Inspection DU RHAM 1869 CITY OF MEDICINE s ►1 41► C17Y 4F DURHAM Stormwater Services Periodic Inctnar-finn Warrant Prove to the magistrate's satisfaction that: • The City has a routine stormwater inspection program, and • The place to be inspected is part of that program Complete your affidavit with plenty of easy -to -understand evidence! DURHAM Particular Condition or Activity a.k.a. "Probable Cause" Warrant I �� Used primarily for 1 8 6 9 investigations where there is CITY OF MEDICINE probable cause (a reasonable probability) for believing that a search will result in evidence of a City Code violation ►►;►► C17Y 4F DURHAM Stormwater Services Affidavit you prepare must have substantial basis for probable cause No warrants issued for mere conclusory affidavits DU RHAM 1869 CITY OF MEDICINE CITY OF DURHAM Stormwater Services TYPE OR PRINT IN BLACK INK) iTATE OF NORTH CAROLINA In The General Court Of Justice AFFIDAVIT TO OBTAIN ADMINISTRATIVE INSPECTION WARRANT FOR PARTICULAR County CONDITION OR ACTIVITY being tname and P��1 July sworn and examined under Oath, state under Oath that there is probable cause for believing rttat there is jeasavrbe cd—obgrt, acfi✓iy, or ovamvarra eNtlrli th searcfr is Haeraiadb rherlrrcreuealJ at the property ovrried or possessed by and described as follows: (l��Y �saiba the PmPertl' b be :>, The facts which establish probable cause to believe this are: So.k- OfAppdhant Nerve OfAppW— (Tn.Or Pmo SWORN AND SUBSCRIBED TO BEFORE ME: C.O. sg'. e ❑ Oeputy CSC ❑ A -- CSC ❑ Cbrk OfSigmnbr Coot ❑ M-9-Ora ❑ D-&--zedp ❑ s waa-c .rr.i� - IMPORTANT: Aftash MoAffo&vlt tomb¢ WARRANT II not on mvarse slde. .00-CR-9131,1, Re, 7101 1 MI Adminisvaliw Office of the Courts 1�ri (TYPE OR PRINT IN BLACK INK) STATE OF NORTH CAROLINA ADMINISTRATIVE INSPECTION In The General Court Of Justice WARRANT FOR PARTICULAR CONDITION OR ACTIVITY County G.3. 15-272: 5&-79.1 TO ANY LAWFUL OFFICIAL EMPOWERED TO CONDUCT THE INSPECTION AUTHORIZED BY THIS WARRANT: The applicant named on the aecomparrying affidavit, which is hereby Incorporated by reference, being duly swam, has staled to me that there is a condition, object, activity, or circumstance legally justifying an inspection of the property described in that affidavit. I have examined this applicant under oath or affirmation and have verified the accuracy of 2-0 matters in the affidavit establishing the legal grounds for this Warrant. YOU ARE HEREBY COMMANDED TO INSPECT THE PROPERTY DESCRIBED IN THE ACCOMPANYING AFFIDAVIT. This inspection is authonzed to check or reveal the conditions, objects, activities, or circumstances indicated in the accompanying affidavit. This Warrant must be served upon the owner or possessor of the property described in the accompanying aflidavil. If the owner or possessor is not present on the property at the time of inspection and you have made reasonable but unsuccessful efforts to locate the owner or possessor, you may instead serve it by affixing this Warrant Or a copy to the property. THIS WARRANT MAY BE EXECUTED ONLY BETWEEN THE HOURS OF B-00 A.M. AND 8-00 P.M. AND ONLY WITHIN 24 HOURS AFTER IT WAS ISSUED. IT MUST BE RETURNED WITHIN 46 HOURS AFTER IT WAS ISSUED. HOWEVER, IF THIS WARRANT IS ISSUED PURSUANT TO A FIRE INVESTIGATION AUTHORIZED BY G.S. 58-7g1, IT MAY BE EXECUTED AT ANY TIME WITHIN 46 HOURS AFTER IT IS ISSUED. IT MUST BE RETURNED WITHOUT UNNECESSARY DELAY AFTER ITS EXECUTION OR AFTER 48 HOURS FROM THE TIME IT WAS ISSUED IF IT WAS NOT EXECUTED. w� r ❑ AM ❑ PM Sigrehua ❑ aPrrcsc ❑ Aaei —CSC ❑ CkA OfSepanbr Comt ❑ UQffiffie ❑ IM'=corvfdav- ❑ 5lrproud Jm1ae OFFICER'S RETURN certify that this WARRANT was executed on the date and time shown below. D—OrEae 6— sy ac—Ofmw—kvorr—d Time Of Exa d— AM ❑ PM Nerve qIr perrirra Offire!(rive OrPrirrt) CLERK'S ACCEPTANCE This WARRANT has been returned to this Office on the date and time shown below. Oats W Reh SyneOue Tme of Return El Am ❑ PM ❑ Oepoty CSC q A— CSC ❑ Cbrk Ofsw�wr Corer IMPORTANT: AMwhMe ARidavil to bSa WARRANTilnof on ravers¢ side. AOC-CR-913M, Side Two, Rs, 7101 0 2001 Adrrmstrailm Office of the Cwrts DU RHAM 1869 CITY OF MEDICINE C17Y 4F DURHAM Stormwater Services The Maaistrate 01 _s =t r� I • Located at the Durham Detention Center on S. Mangum St. • Job is to make a practical, common sense decision whether, under the totality of the circumstances, there is a fair probability that evidence of a crime will be found in a particular place. — TIP: Don't assume the magistrate is familiar with our City Code DU RHAM 1869 CITY OF MEDICINE C17Y 4F DURHAM Stormwater Services How to execute • Valid to be served/executed only 24 hours after issuance • Must be served — Personally to property owner or tenant between 8:00 a.m. and 8:00 p.m. — If owner/tenant not present at time of search and reasonable efforts made to locate him or her have been made and failed, a copy of the warrant may be posted to the property • Must be returned to Magistrate within 48 hours