Also known as:ingressus · ingresses · ingressed · ingressing · right of entry · egress
Written by attorneys · grounded in primary & secondary sources — see below
The right or privilege to enter land or premises. Consent of the possessor creates the privilege, which ends upon revocation known to the actor, expiration of any time limit, or occurrence of a restricting event.
Sources & Authorities
How it applies
Common Examples
6
Revoked Consent Ends Entry Right
Ike Ingram receives permission from the owner to enter a warehouse to inspect goods. After the owner learns of a dispute and tells Ike to leave, Ike continues inside. The owner sues for trespass. The court holds that the privilege of ingress terminated upon the known revocation, so Ike's continued presence constitutes a trespass.
Implied License Limits Police Entry
Officers approach a home's front door to conduct a dog sniff. The resident had not invited them onto the porch. The Court determines that the implied license for ingress by visitors does not extend to this investigative activity, rendering the entry a search under the Fourth Amendment.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Restatements
Dictionaries
Florida v. Jardines569 U.S. 1, 133 S. Ct. 1409 (2013)
Commerce Power Includes Entry Control
A state law attempts to bar certain vessels from entering its ports. Congress asserts authority over the activity. The Court recognizes that the power to regulate commerce encompasses control over personal ingress and migration as a legitimate subject of federal legislation.
Gibbons v. Ogden22 U.S. (9 Wheat.) 1, 211 (1824)
Right to Travel Protects State Ingress
A state statute imposes a waiting period on new residents seeking welfare benefits after they move from another state. The Court examines whether the law burdens free interstate movement. It notes that the right of free ingress and regress between states is a necessary feature of the constitutional union.
Saenz v. Roe526 U.S. 489 (1999)
Zoning Blocks Affordable Housing Ingress
A town enacts zoning rules that make construction of low-income housing practically impossible by restricting lot sizes and ingress routes. Minority plaintiffs challenge the ordinance. The Court considers whether the barriers to entry into the community violate equal protection principles.
State Regulates Business Ingress
A state statute sets maximum rates for grain storage facilities. Operators argue the law interferes with their right to conduct business. The Court upholds the regulation, recognizing the state's authority to control access and operations of businesses affecting the public interest.
Munn v. Illinois94 U.S. 113 (1877)
Common questions
Frequently Asked
3
When does consent to enter land terminate the privilege of ingress?+
Consent ends when the possessor revokes it and the actor knows or has reason to know of the revocation, when a specified time limit expires, or when a restricting event occurs. The actor then loses the privilege to remain and must leave, subject only to reasonable egress.
Supporting sources
How does ingress relate to easements for access?+
An easement for ingress and egress grants the holder the right to enter and cross the servient estate. The scope is fixed by the grant or prescription and may be adapted only to the extent reasonably necessary without causing unreasonable damage or interference.
Supporting sources
Does an implied license always permit ingress to a home's curtilage?+
An implied license permits ordinary visitors to approach a home by the front path to knock and wait briefly. It does not authorize investigative entries such as a dog sniff on the porch when the resident has not consented.
Supporting sources
22 U.S. (9 Wheat.) 1 (1824)Constitutional Law
…contained in that instrument. The first clause of the 9th section, not only considers the right of controlling personal ingress or migration, as implied in the powers previously vested in Congress over commerce, but acknowledges it as a legitimate subject of revenue. And, although the leading object of this section…