Does anyone have any cases or law that suggests that meter readers have the right to be on property, although the property owner has posted no trespassing signs.

I realize this may be a weird question, however my ADA has a motion to suppress hearing coming up that involves a sheriff's department investigator going on a certain property in our county. A meter reader, with a local company, advised him that the home was using an unusual amount of electricity. The officer subsequently goes onto the property, smells what he thinks is marijuana, works surveillance, etc, and was able to develop enough PC to have a search issued by our judge.

I think we have enough, but I would sure like to help her out. Thank you all for your help if you can.

I think there is zero problem with regard to the meter reader being on the property. See Garcia v. State, 1995 WL 611875 (Tex. App.--San Antonio, pet. ref'd); State v. Marks, 778 S.W.2d 488 (Tex. App. -- Houston [14th Dist.]), pet. dism'd, 821 S.W.2d 621 (Tex. Crim. App. 1992).

The bigger problem is with the officer. The fact that he got information from the meter reader wouldn't justify a warrantless trespass. But that would depend on if there's an open fields situation or something like that. It sounds like a rural situation, which would be a big help.

The criminal trespass law was amended in 2009 to protect meter readers and other utility workers. See 30.05 (e)(2) and (3).