Does probable cause exist?

[lenkevy]

I live in California. Someone reported to the police that our garage was converted to living space, possibly without permits. (Unusual circumstances - read below). As a result, I've had to meet with police, allow them to come into my home, file reports and pay money. It doesn't seem to me that there was "probable cause" and as a result the search seems "unreasonable". The fourth amendment protects us from unreasonable searches and requires probable cause.

Here is what is unusual about the situation. I live in the house that I was born and raised in. My parents purchased it 47 years ago, and I bought it from them abut 17 years ago. The garage conversion took place about fifty years ago. No work of any kind has been done in or around the garage in years. Nonetheless, someone apparently asked the police to check to see if we had permits. Having a garage conversion is not probable cause (seems to me). There should be probable cause concerning the conversion being illegal. We allowed the Police entry because they said we could be evicted otherwise. But I've voiced and documented concerns along the way. Does probable cause exist and does the "search" of my home/garage conversion seem unreasonable?

[CdwJava]

Originally Posted by lenkevy

I live in California. Someone reported to the police that our garage was converted to living space, possibly without permits. (Unusual circumstances - read below). As a result, I've had to meet with police, allow them to come into my home, file reports and pay money. It doesn't seem to me that there was "probable cause" and as a result the search seems "unreasonable". The fourth amendment protects us from unreasonable searches and requires probable cause.

It's not unreasonable or unlawful because as you wrote, you ALLOWED the police to enter. Had you refused entry and they forced entry anyway (without cause) you might have a case. Probable cause is not necessary with consent.

And, yes, if the police are acting as the code enforvcement agency within the city, they have a right to inspect the property for code violations with reasonable notice.

If you have already paid fines, it is likely the time to contest these violations has passed.

If you feel this has been done improperly, you can consult an attorney to see if you have any kind of a case against the city or not. I strongly suspect you do not, but the laws in your un-named state may be such that you do.

- Carl

[lenkevy]

And I really appreciate the Scripture!