Legal Question in Administrative Law in Colorado
When standing in "registered open space" looking into a non fenced back yard is this concidered in Plain View. As a Code Enforcement Officer I have been asked to walk the trails and open space to view the back yards of homeowners. There are concrete paths and marked equestirans trails which I would consider to be "public places" however once I leave those marked paths and start walking through the fields is it still considered a public place for Plain View purposes. People walk their dogs in these open spaces all of the time and it is considered open space through the City. Thoughts?
Thank you
In Colorado
1 Answer from Attorneys
It depends on whom owns the property. If the city/county/state owns it, it is public. If the city/county/state does not own it, but has some kind of permanent recreational easement, it is close enough to public for your purposes.
If it is owned by a private entitiy, you need that entity's permission to enter. Just because it is "open" space, or otherwise kept open for resident recreational purposes DOES NOT mean that without you may enter without permission; in that situation you are most likely trespassing and any observations made are not "plain view."
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