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Dick Gassman March 17, 1999 Page 4 <br /> warrant. <br /> We anticipate that the most common situation inspectors will face is the presence of fences <br /> around the curtilage. The parameters of your ability to look over or through a fence are not entirely <br /> clear,but Oregon court decisions provide some guidance. First,if a person surrounds his yard with <br /> a solid,sight-obscuring 8-foot fence, an inspector may not climb a stepladder,tree or other support <br /> in order to look over the fence. However, facing that situation, an inspector may find a lawful <br /> vantage point (for example, a neighbor's window) from which he can view over the fence. Any <br /> inspector may stand on tiptoe to look over a fence,regardless of the fence's height. If the inspector <br /> is too short to look over the fence,but some other inspector could see over the fence by standing on <br /> tiptoe, then the short inspector may stand on an object which allows him to see what the taller <br /> inspector could.3 The period of observation should be as brief as possible; in any case it should last <br /> no more than a few minutes. An inspector may look through gaps in a fence,but Oregon courts have <br /> not decided the question of whether a government agent may look through knotholes, chinks and <br /> cracks in order to see through a fence which otherwise prevents observation of the property. If a <br /> small crack or knothole is the only option to view the area,we advise that you seek a warrant. <br /> Suggested Guidelines <br /> 1. Unless you have permission or a warrant, do not enter the curtilage of a person's home to <br /> look for suspected violations of the City Code or to abate a nuisance(even after all hearings <br /> and appeals are concluded). You may, however, approach the home by normal means of <br /> access to ask for permission,unless the resident has indicated a desire to forbid the intrusion <br /> of casual visitors by erecting barriers or putting up signs. <br /> 2. If you have difficulty determining whether a particular area is within the curtilage,then we <br /> suggest that you obtain a search warrant before entering that area. <br /> 3. If an area is not within the curtilage, and the property owner has not otherwise indicated a <br /> an expectation of privacy by erecting signs or fences,you may enter without a warrant. <br /> 4. You may observe property within the curtilage from a lawful vantage point, as long as you <br /> do not infringe on the property owner's reasonable expectation of privacy. This vantage <br /> point could be any public place or a neighbor's property(with the neighbor's permission). <br /> You may use binoculars. However,you may not take extraordinary measures(e.g.,climbing <br /> a tree,using a ladder,observing from a neighboring rooftop)to overcome a property holder's <br /> attempt to keep his property from being viewed. If you do not use any special effort,you <br /> may look over a fence (please see discussion in preceding section for limitations to this <br /> 3Oregon courts"see no constitutional significance in[a government agent's]standing on a rock to see what <br /> some others could see without standing on it." State v. Corra,88 Or App 339(1987). In Corra,a 5'10"police officer <br /> stood on a foot high rock in order to see over a 6'fence. It would be prudent to not look over a fence which was more <br /> than 6'6"in height without a warrant. <br />