Im a licensed NYS Real Estate Broker. I help people who are legitimatly over assessed on their property taxes. Usually but not always pro bono. See www.PreparingforGrievanceDay.com. One of my clients told me his wife was getting out of the shower when she saw a boat with three men at their dock. She partially dressed and stepped out on the deck to get a better view of what was going on. She looked below and there was a person peering in their basement window. Their 14 year old daughter was also in the house. She dressed fully and went outside to confront the trespasser. He had by that time been at the back of the property snooping in the barn. She confronted him and pointed out the no trespassing signs he had walked right past. Inquiring with the town, Board Chair indicated they usually wait for people to leave before they walk all over their properties and peer in windows.
We find this an aggregious violation of 4th amendment rights. And it is trespassing. We feel privacy and the sanctity of home has been violated. We seek funds to hire an attorney to put an end to this practice in New York. We intend to have the Assessor arrested for Trespassing and violating constitutional rights. Our intent is not to put anyone in jail but rather create a legal precident so that this policy does not continue in this state and hopefully others. We seek funds or legal advise.
We have learned that it appears an Assessor has the right to knock on your door and if no answer to leave. Yet they routinely do not leave and inspect the property including peering in windows without permission.
We believe they will continue this practice until one gets arrested. We need an attorney to research the issue and appear with us when we go to the State Troopers to file a criminal complaint and then to follow up on the matter.
I spend my time on this matter as a public service. I find the behavior uncceptable. My clients and people I know all feel the same way. We think the government is going too far.
In our research we found a case where the Assessor actually opened the door when there was no answer and conducted surveylance of the interior and was not prosecuted even after having admitted to it.
I hope you agree this is unacceptable and will contribute in any way you can. I am also interested in the experience of others in this regard.
Thank You, Mike Franklin
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