County of Tulare v. Guzman CA5

BACKGROUND

A code enforcement officer applied for an inspection warrant to search Guzman’s property. The genesis for the application was an apparent1 “request for inspection” submitted to the County on its “website. The request indicated that multiple structures were being built on the property without permits, and that the property was being used to store several old vehicles.” A second officer visited the property and confirmed potential ordinance violations. The County eventually submitted to Guzman a notice and order to correct the violations. Guzman verbally communicated with the County, claiming he was not in violation and declined to allow officers to search the property to confirm or disprove his claim. The County subsequently sought a warrant to inspect the property “to determine the extent of the [building] violations” and to “inspect all vehicles and trailers located on the property for [other] potential violations[.]” A judge accordingly signed a warrant, authorizing the County to “inspect the exterior and interior of all buildings and structures,” “inspect all vehicles located on the property,” “inspect all trailers located on the property,” and to “bring … persons…