Town of Bozrah v. Anne D. Chmurynski

Summary

The court held that a targeted zoning inspection of a residence or its curtilage is a Fourth Amendment search requiring prior judicial authorization based on probable cause to believe that a zoning violation will be discovered. Although the trial court labeled its order a temporary injunction, the order finally determined the parties’ rights and was immediately appealable; an injunction may serve as the functional equivalent of a warrant when issued on the required probable-cause showing. Because the trial court applied the more relaxed standard for routine area inspections, the court reversed and remanded with direction to set aside the injunction.