PunBB

I was shocked to see this on the Albany news and I was wondering what you all thought.

For the record, one of our fellow hipbasers lives in the same town where this happened! I'd love his opinion!

Personally I find it outrageous that it's ok for him to just walk in.
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NYSEG meter reader lets self into home/Lou Swierzowski/WNYT
MECHANICVILLE, April 21, 2005
BILL LAMBDIN

A Mechanicville woman got a big surprise in her kitchen this week. She says the local meter reader just let himself in. The company says there's nothing wrong with that. But others, including the local police chief say the utility company needs to re-think its policy. Christine Vlad was sitting in her pajamas in her Mechanicville home Monday about noon when she says she realized a man had entered her kitchen. He said he was with NYSEG, there to check her meter. She asked him why he was in her kitchen and he said “We do this all the time.”

The meters the New York State electric and gas reader was apparently trying to get to are located down some steep stairs in the basement. Christine says she heard no knock and certainly did not give anybody permission to come inside her house. The door was closed but unlocked. This "no knock, I'm the meter reader" policy definitely comes as a surprise to Mechanicville police. They investigated and confirmed that NYSEG was reading meters in the neighborhood. The police chief says a NYSEG official insists the company had the right to enter residences on its own in non-emergencies in order to access its equipment. There are two other factors at play here. One is common courtesy. You do not do that in this country. The second is a homeowner has the right to defend his domicile, even with deadly physical force. Meter readers could be shot dead and it probably wouldn't even be a crime. Chief Joseph Waldron feels they need to really think that policy out. I can only say NYSEG, you need to research that policy if it is such a policy. The chief says he's still wading through hundreds of public utility laws to determine whether NYSEG was out-of-bounds. If he confirms they are, the meter reader could be charged with criminal trespassing. We've placed multiple calls to NYSEG seeking comment. Those haven't been returned. In case you're wondering, another big utility in this area, Niagara Mohawk says they don't go inside residences uninvited and that almost all of their meters no longer require human reading anyway
NYSEG Meter Reader

If the meter reader was shot dead, it would be a crime. The utility service contract gives them the right to enter a property to access the meter. If you shoot someone who has the right to be on your property by law, it ain't defending your home.

The common courtesy thing is a whole other matter, though.

skippy the wonder dog Wrote:If the meter reader was shot dead, it would be a crime. The utility service contract gives them the right to enter a property to access the meter. If you shoot someone who has the right to be on your property by law, it ain't defending your home.

The common courtesy thing is a whole other matter, though.

There is no way that contract would stand up in court.

We need to get a lawyer to weigh in on this one....PRZ or Rich, where are you??

I don't agree that they can just enter your house, that seems to be an invasion of privacy... Seems as if they would need to notify the homeowner first. Regardless, I am not letting ANYONE in without an appointment. Just reinforces the reason why our doors are always locked.

jen Wrote:I don't agree that they can just enter your house, that seems to be an invasion of privacy... Seems as if they would need to notify the homeowner first. Regardless, I am not letting ANYONE in without an appointment. Just reinforces the reason why our doors are always locked.

I'm surprised that anyone would leave their doors unlocked these days, even if they are at home, what with the crazy things some people will do.

NMAS Wrote:

skippy the wonder dog Wrote:If the meter reader was shot dead, it would be a crime. The utility service contract gives them the right to enter a property to access the meter. If you shoot someone who has the right to be on your property by law, it ain't defending your home.

The common courtesy thing is a whole other matter, though.

There is no way that contract would stand up in court.

Think again. I'm sure this has already been tested, although not for actually entering the home. For entering the property, i.e. the backyard, yes.

You could confront him and demand he identify himself, and require him to leave if he refused. But putting a bullet through him and asking questions later? Nope.

As for it being discourteous, a bad policy, and asking for trouble, sure. If I was actually checking meters, I'd refuse to follow such a policy for reasons of personal safety. What if the guy owns a dog?

The deadly force comment is not true. You can only use deadly force in a situation where you are about to be a victim of deadly force or feel your life is in danger. You just cant go and kill someone who enters your house or property (unless in Texas where it is allowed).

There is a famous case where a guy was constantly being broken into and set up a trap shot-gun system to go off at the direction of the front door when it was opened. Well, he killed the intruder and he found himself in trouble for that.

As for the contract the utility has, can't really comment on that unless we see the contract. I have a feeling the author is not quoting the contract properly.

There may be municipal by-laws giving the meter reader the right to enter onto the property, too.

prz Wrote:You just cant go and kill someone who enters your house or property (unless in Texas where it is allowed).

And Colorado. Hilariously, this loophole is dubbed the "Make my day" clause.
:thumb:

Dilly_sAm Wrote:

prz Wrote:You just cant go and kill someone who enters your house or property (unless in Texas where it is allowed).

And Colorado. Hilariously, this loophole is dubbed the "Make my day" clause.
:thumb:

Regardless of what anyone here THINKS the law of the United States regarding lethal force has always been clear...under the doctrine of REASONABLE ACTION, an individual must have just and reasonable cause to believe their life is in danger in order to use lethal force.

The entrance of the meter man does not rise to this level.

You have a right to tell them to leave, and if they refuse to leave, you have the right to call the authorities and have them removed.

Absent physical threat, you have no right (even if it is your property) to exert ANY physical force against them.

I think I can clear this up.

How to ensure you don't get jailed for shooting the intruder:

Make sure he's facing you when you shoot him. And when anyone asks, simply say: "he said he hadn't eaten in days, and told me that I looked delicious."

The cops will give you a nothing more than pat on the back and a cup of coffee.