Legal Question in Constitutional Law in Massachusetts
Privacy in My Home
Recently, a service error by the gas company caused a house in our
neighborhood to explode. Since then, we have had two people from the gas
comapny come by to ask if we have gas heat. We do not and we told them
this. Earlier today, my fiancee came home and was surprised to find gas
company workers and a police officer outside of our house. Apparently, they
were going door to door checking houses for gas. If no one was home when
they stopped by, the policeman simply popped the lock and in they came.
We were given no prior notice of this visit, and from what my fiancee told me,
they were finishing up and didn't leave any kind of notice saying that they'd
been in our house. As far as I know, the house has had coal heat, then oil,
never gas. We have absolutely no financial relationship with the local gas
company.
Is it legal for a utility comapny for a utility we don't have to enter our home
without our knowledge or consent like this?
2 Answers from Attorneys
Re: Privacy in My Home
Attorney Edward Hoffman's answer was PERFECT!!
I'm in Massachusetts and the answer would be perfect alongside the Atlantic Pond also.
Re: Privacy in My Home
The utility isn't authorized to enter your home without your permission but, under some circumstances, the police are. That is why the workers had an officer with them.
There was probably reason to think gas was leaking into houses in your area, and this team was trying to find the leaks. If not fixed, such a leak could cause a major explosion which would destroy the house and heavily damage others nearby and which might start a large fire.
In such an emergency situation the police may enter homes without a warrant. The law does not require them to let your neighbors remain in danger just because you happen not to be home when they come by. Your right to privacy must yield to concerns for public safety in unusual situations like this.
The fact that you had previously told the gas company you don't use gas heat doesn't matter much. The particular workers who came by thaT day probably didn't know, and neither did the officer. And even if they did know you had an oil heater, there remained the possibility that you had a gas oven or stove.
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