 48104
Female, 13-17, Eastern US
 2 Posts
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Wednesday, November 07, 2007 9:22:15 AM
Technically, he doesn't have a right to refuse. When it comes to health inspections, the government has implied consent to search your property if there is a reasonable suspicion that you have a health hazard on your property that could harm others. :] |
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 adf14e
Female, 13-17, Eastern US
31 Posts
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Saturday, September 15, 2007 3:54:42 AM
and more (Indiana bill of rights} Section 11. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrant shall issue,(this part tight here) but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized. no warrant needed. |
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adf14e
Female, 13-17, Eastern US
31 Posts
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Saturday, September 15, 2007 3:39:51 AM
http://indianalawblog.com/ |
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adf14e
Female, 13-17, Eastern US
31 Posts
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Saturday, September 15, 2007 3:12:58 AM
State of Indiana Vs Robert Trimble, appeal from Jennings Superior Court Indiana to the Indiana Supreme Court....... Indiana State Supreme court ruled officer seeing crime / evidence from public that any public citizen could see, investigating a tip of a crime, including parking car in driveway to walk to the home, is allowed to without a warrant enter the premises ( yard ) to investigate further. Court further states that officer entry onto private property and their observations do not violate fourth amendment when they have a legitimate investigatory purpose for being on the property limiting their entry to places visitors would be expected to go. Indiana Supreme court decided ruled on this type situation 02-21-2006. Also mentions timely tip from a person and health / safety of others.
he lost hard. the moron is hoping people like you do not care about public safety. Guys what if the story was someone died because he did not install it right. What you would you say? |
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 KitsumiMaru
Male, 18-29, Europe
34 Posts
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Thursday, September 13, 2007 8:11:57 PM
also, the rights given to a health inspector are tort laws, which have to be proven as being harmful to another's body, property, or legal rights, or to breach a duty owed under statutory law, either way, she needed a warrant, trust me, i'm english, we invented the law |
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KitsumiMaru
Male, 18-29, Europe
34 Posts
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Thursday, September 13, 2007 8:07:38 PM
Huge digger or PROPOSED illegal septic tank, what right does the health inspector have to intervene? unless she had a warrant that was a totally illegal trespass, if she had gone to the courts with the probable cause, i.e: a huge digger and earth moving equipment SUGGESTING an illegal septic tank, then yes she would have been in the right. the man on the film said several times he would be ok with a warrant, he also requested several times that they leave his property without trespass to get a court order. whats wrong with gpvernment officials these days, do they think they own us all?? are we all guilty before the fact? |
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 derfman
Male, 30-39, Western US
101 Posts
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Tuesday, September 11, 2007 2:11:58 AM
I can tell you this....There wouldve been a dead Health Inspector had that been my property. NO ONE HAS THE RIGHT TO TRESSPASS. Period!! And yes the cop wouldve stood by and watched just like he watched her break the law hed see some southern justice with a double barrel 12 gauge..... 
I hope this guy becomes a MULTI MILLIONARE out of this.
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 Liquidglass
Male, 18-29, Eastern US
1098 Posts
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Tuesday, September 11, 2007 1:35:27 AM
ScreamLow: No crap man everyone else has been saying the same thing. However it is illegal for them to enter without probable cause or given reason. |
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 Robinski9
Female, 30-39, Midwest US
67 Posts
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Monday, September 10, 2007 10:53:23 PM
Trespassing or no, would you want this guy as a neighbor? I think the HUGE frickin' digger in the backyard provided reasonable cause for the inspection and as noted by many before - no warrant needed. This guys neighbors all probably hate him for dragging down the property values by turning his trailor into the worlds largest non-functioning toilet. Why are all the people 'fighting for out rights' always moronic schizos anyway? |
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 ScreamLow
Male, 18-29, Western US
1 Posts
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Monday, September 10, 2007 10:08:42 PM
Actually i was pissed at first that this was allowed to happen, but then i realized that we weren't getting the full story and something didn't seem right. why would someone just be "moving a little dirt around?" so i did a little research. Turns out the guy was installing an illegal septic tank, and whats more, she did have the right to enter the property. here is the definition of trespassing from the law.com law dictionary: Trespassing. it does say in specific that health inspectors do have lawful authority to enter a property. it seems unconstitutional but it is to protect the other citizens in the area. |
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Liquidglass
Male, 18-29, Eastern US
1098 Posts
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Monday, September 10, 2007 8:43:29 PM
bmachine82: your post leads me to believe, you're retarded. |
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 Squall_L33t
Male, 18-29, Midwest US
51 Posts
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Monday, September 10, 2007 2:41:05 PM
malloryah, you said it best. |
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 malloryah
Female, 18-29, Southern US
13 Posts
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Monday, September 10, 2007 1:49:50 PM
All the inspector would have to do is go and get a warrent or some sort of documentation explaining what she needed to do. Why did she feel that she was above this man and didn't need to explain herself and provide documents is crazy to me. Even if he is doing something wrong, there must be checks and balances. Thank you to this guy for working to protect the rights of everyone, even if some people think we are all better off to act as cattle. |
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 bmachine82
Male, 18-29, Midwest US
30 Posts
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Monday, September 10, 2007 1:01:20 PM
Okay lets get one thing straight Sheriffs and Health inspectors don't go around looking for places to stop and inspect. If they where going on to his property on video, chances are really good there was visible probable cause that could be seen from the street.This also leads me to believe this is why she was taking pictures of everything that could be seen from the street to prove probable cause. |
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 Rain7
Male, 18-29, Western US
140 Posts
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Monday, September 10, 2007 12:24:29 AM
hahaha...i think this is funny...although i think they do need a warrant...but still...this guy was being a dumbchit...."im moving dirt around"....nooo...he's buring dead bodies...lol...id let that cute girl in...so what big deal...right? |
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 dragosal
Male, 18-29, Eastern US
1634 Posts
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Sunday, September 09, 2007 11:39:29 PM
"no he will lose a health inspector does not need a warrant. Take resurtants for an example a health inspector can walk right in an investigate with out a warrent.
and Public safety always overrides individual rights "
thats not completely true adf a resturant is not private property like a home is really. |
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 Quick350z28
Male, 18-29, Eastern US
6 Posts
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Sunday, September 09, 2007 9:21:11 PM
I like how, in the middle of the man explaining his constitutional rights to the officer, the officer says "Well if you have nothing to hide, just cooperate with her.." as if the constitution was solely written for those who have done things wrong and need to hide behind a document. It was written to protect the rights of all, not just the guilty you friggin idiot. |
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adf14e
Female, 13-17, Eastern US
31 Posts
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Sunday, September 09, 2007 7:46:12 PM
no he will lose a health inspector does not need a warrant. Take resurtants for an example a health inspector can walk right in an investigate with out a warrent.
and Public safety always overrides individual rights |
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 Snoogans
Male, 30-39, Eastern US
721 Posts
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Sunday, September 09, 2007 7:24:55 PM
Liquidglass...thanks for the info. I would think that ones trash,if it is out on the curb, is public property and not private. Especially if the police were looking for a murder weapon or something. I've had homeless people going through my trash looking for bottles and such. I guess that's why they tell you to always shred your personal information for reasons such as this. So many laws that it's too confusing at times. I guess I just try to keep my nose clean or at least not get caught! It's only illegal if they catch you....LOL  |
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 Bluedot34
Male, 18-29, Southern US
297 Posts
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Sunday, September 09, 2007 6:38:55 PM
Agreed with Roduku. She should take her lazy ass and do her job the correct way. See if there are permits in place and go visit the judge for a warrant. I hope he wins the suit. But if he is in fact installing an illegal tank, then he is a hyprocrit for spouting legal this and that and not following the laws. |
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 Silver
Female, 18-29, Eastern US
24206 Posts
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Sunday, September 09, 2007 5:05:49 PM
On 9/9/2007 9:45:05 AM v_wilkes85 wrote: trust 'buddy' to post something like this. He'd post poo, while denying pure gold.
Buddy isn't the one who approves/disapproves stuff. Your theory is poop. |
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 Gnarkill07
Male, 18-29, Midwest US
121 Posts
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Sunday, September 09, 2007 4:58:33 PM
he should have just shot her in the leg or something |
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 Miss_Candie
Female, 13-17, Canada
256 Posts
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Sunday, September 09, 2007 4:17:31 PM
i hope he'll sue their asses |
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 Queen_Jay
Female, 18-29, Eastern US
238 Posts
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Sunday, September 09, 2007 2:31:42 PM
true that the guy has a the right to refuse entrance to his property without probable cause/ a warrant, but...
we don't know the whole story!
Why was this inspector lady called out there?
for all we know the neighbors reported seeing this guy burying bodies or something like that!
IF ANYONE HAS THE REAL STORY LET US KNOW~ |
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 Neagle
Male, 30-39, Western US
1405 Posts
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Sunday, September 09, 2007 1:12:26 PM
Follow the law, get a court order and enter the property legally. Ignorant, lazy, public health inspector would not be working during the weekend anyway so there is no reason not to get a court order. Police officer should have never allowed the trespass to occur. The property owner is most likely installing an illegal septic tank but, evidence could have been gathered with a telephoto lens or even on the complaining property owners residence, with permission, of course. One of our country mens rights are violated, all of our rights are violated. One thing to remember though, had this been a licensed business public inspectors have the right to enter the premises at any time during working hours to investigate a complaint or to cunduct a legal inspection. |
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