State v. Burke

5 Citing cases

  1. Dutkiewicz v. City of Bristol

    CIVIL ACTION NO. 3:11-CV-00790 (JCH) (D. Conn. Jul. 28, 2011)   Cited 1 times

    See id. at 538 (quoting Frank v. State of Maryland, 359 U.S. 360, 383 (1959) (Douglas, J., dissenting)). The statutory scheme in Connecticut allows for a citizen to demand that the fire marshal obtain a warrant prior to performing an inspection. See State v. Burke, 23 Conn. App. 528, 530-32 (Conn. App. Ct. 1990) (finding that Conn. Gen. Stat. § 29-305 was constitutionally applied where a fire marshal obtained an administrative search warrant prior to conducting an annual inspection). Here, Mr. Dutkiewicz has not met his burden of demonstrating the existence of imminent, irreparable harm. Defendants have indicated that if Mr. Dutkiewicz refuses to consent to the proposed inspection, they will seek an administrative search warrant.

  2. State v. Saturno

    322 Conn. 80 (Conn. 2016)   Cited 16 times
    Stating that the city's standard policy was to conduct administrative searches with two police officers

    The defendant asserts that, unlike General Statutes § 29–305, which the Appellate Court has concluded authorizes the issuance of administrative search warrants for a suspected violation of a municipal fire code, § 19a–220 does not specifically reference a right of inspection or of entry onto private property. See State v. Burke, 23 Conn.App. 528, 529–32, 582 A.2d 915 (1990) (concluding that General Statutes [Rev. to 1987] § 29–305 was constitutional as applied to inspection for fire code violations conducted by local fire marshal pursuant to administrative search warrant), cert. denied, 218 Conn. 906, 588 A.2d 1383 (1991) ; see also Rutka v. Meriden, 145 Conn.App. 202, 211 n. 9, 75 A.3d 722 (2013). We are not persuaded.

  3. Rutka v. City of Meriden

    145 Conn. App. 202 (Conn. App. Ct. 2013)   Cited 14 times

    Additionally, General Statutes § 29–305 allows for the inspection of buildings and facilities by local fire marshals through the issue of such warrants. See State v. Burke, 23 Conn.App. 528, 530 n. 2, 531–32, 582 A.2d 915 (1990) (fire marshal inspection statute authorizing issuance of administrative search warrant to conduct periodic annual inspection for fire code violations not unconstitutional), cert. denied, 218 Conn. 906, 588 A.2d 1383 (1991). Thus, we decline to further address this claim.

  4. Dutkiewicz v. City of Bristol

    CIVIL ACTION NO. 3:11-CV-00790 (JCH) (D. Conn. Sep. 8, 2011)

    The Connecticut Appellate Court has found section 29-305 to be constitutionally applied where a fire marshal obtained an administrative search warrant prior to conducting an inspection. See State v. Burke, 23 Conn. App. 528, 530-32 (Conn. App. Ct. 1990). Dutkiewicz does not raise any new evidence or new law that calls these holdings into question.

  5. State v. Burke

    588 A.2d 1383 (Conn. 1991)

    Decided April 11, 1991 The defendant's petition for certification for appeal from the Appellate Court, 23 Conn. App. 528, is denied. Charles Burke, pro se, in support of the petition.