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Health Inspector Trespassing

Hits: 14843 | Rating: (3.1) | Category: Misc. | Added by: buddy
Page: 13 4 5 Next >   Jump to: Bottom    Last Post
newbie4sale
Female, 18-29, Asia
 104 Posts
Sunday, September 09, 2007 12:02:08 PM
Yeah, between this and the Circuit City guy, Buddy seems a bit riled up on civil rights lately. But then again, these topics always attract the most posts.

Anyways, the health inspector should've gotten a warrant if she wanted to go onto his property. If the septic tank was clearly visible from the road, she should just take pictures from there.


v_wilkes85
Male, 18-29, Canada
 247 Posts
Sunday, September 09, 2007 9:45:05 AM
trust 'buddy' to post something like this. He'd post poo, while denying pure gold.

Orkray
Male, 13-17, Europe
 85 Posts
Sunday, September 09, 2007 8:30:47 AM
"I agree with Cashcleaner and tulip.. Because of their job.. inspectors and/or police (protectors?) they don't need a warrant on current probably cause. If they needed a warrant it might be too late by the time they get one."

That's the law though.


tracykay
Female, 18-29, Eastern US
 3 Posts
Sunday, September 09, 2007 2:00:39 AM
Apart from whether or not he had the proper permit, this creates a very slippery slope legally as to a person’s constitutional right against unreasonable search and seizure.

tracykay
Female, 18-29, Eastern US
 3 Posts
Sunday, September 09, 2007 2:00:16 AM
There was “No Trespassing” signs posted and plainly visible to both officials. This makes it a criminal act upon entering the property without the consent or knowledge of the property owner. The Deputy is clearly aware of this, hence his standing just outside the property line. It would be interesting to get a hold of the county/state statutes and see if she does indeed have to right to enter the property and supersede the owner’s wishes. It seems strange that the Deputy would not enter the property without a warrant, but yet a Health Inspector (an appointed official with seemingly no real legal knowledge) is allowed open access to private property. If there was any imminent public health risk the Inspector would have the proper paperwork, including a warrant to enter the premises. I truly hope he continues with legal action. Apart from whether or not he had the proper permit, this creates a very slippery slope legally as to a person’s constitutional right ag

HIRED_GUN
Male, 18-29, Eastern US
 15 Posts
Sunday, September 09, 2007 1:22:50 AM
IThere are so many errors in what most of you wrote that I couldn't possibly explain it. Goalie, even though you're using Black's, you were the closest.Fact is, reasonable articulable suspicion applies only to laws that fall within the specific enforcement official's authorized powers. A septic system install, which does NOT always have to be installed by an expert depending on jurisdiction, is usually a zoning issue, one for which a deputy has zero authority. She is not enforcement or would have identification with arrest authority on it.Fact is, they were not permitted on this man's property for any reason under these circumstances, curtilage or otherwise.Plain view doctrine is ambiguous, but just about all precedent dictates a warrant. Proper procedure for her would have been to go to the magistrate/d.j./justice of the peace and swear out an affidavit hoping a judge would issue a warrant.She couldn't do that here or she wouldn't still be investigating and photographing things.

CoffeeTalk
Male, 40-49, Midwest US
 192 Posts
Sunday, September 09, 2007 1:21:57 AM
I guess it would still be "uncomprehensible and unconstitutional" if they uncovered those 11 bodies he was burying right before they pulled up? Screw the law, they were there for a good reason, he is a serial killer and doesn't abide y the laws except when they protect him. I wish he'd sue me, I am flat broke and need the publicity to sell my story to CNN!

tracykay
Female, 18-29, Eastern US
 3 Posts
Sunday, September 09, 2007 1:06:02 AM
Regardless of what they were looking for these “government officials” are completely unaware of the constitutional rights granted to individuals. Just makes you infuriated with the entire system. Jobs should be lost for this clear ineptitude. If it was indeed an illegal septic tank installation, then she should have used the proper channels to receive a warrant to enter the property. The fact that the Deputy advised her to go ahead onto the property and stood there (noticeably just outside the property line) while she clearly trespassed, is an outrage. These are the people our tax dollars pay to protect our constitutional rights. Granted the property owner was not the most well-spoken or pleasant individual, but his rights were clearly violated.

Liquidglass
Male, 18-29, Eastern US
 1119 Posts
Sunday, September 09, 2007 12:48:31 AM
Hey snoogans, thanks for taking the comment in good humor.

it's only if they see something going on or know pretty close to a fact that something is

For instance: if a cop sees you doing something obviously illegal then yes they have the right, but if they see something that is suspect, for instance in plain view you're hauling a body bag around, not illegal to do, but they have the right to look at what's going on. so the right is there, but it's limited. Like if there is a fence that no ordinary person can see over, then nothing is in plain sight.

Here is an interesting tidbit, there have been cases where cops have looked through peoples trash. Which at first seems illegal and it's one of those big points of contention but the trash was on the curb for the trash company to pick up and they had good reasonable suspension but they wanted hard evidence to get a warrant. So the question is, is it the person's property after they put it out on public property for disposal?


dragosal
Male, 18-29, Eastern US
 1634 Posts
Sunday, September 09, 2007 12:47:23 AM
look all of this bullpoo supporting that bitch is dumb if only this was in ny he woulda had the right to beat her senseless for trespassing as long as he stopped once she tried to run :P

roduku
Male, 50-59, Midwest US
 443 Posts
Saturday, September 08, 2007 11:29:22 PM
Laws are written for a reason. They are the instructions for orderly conduct in a civilized society. No one is above the law, including government officials.

Vote Ron Paul.


roduku
Male, 50-59, Midwest US
 443 Posts
Saturday, September 08, 2007 11:28:32 PM
I know this has been hashed over pretty well.. and, I might add, I'm impressed. I don't usually find a mindful discussion on IAB.

Anyway, here's my interpretation:
Apparently, the man was installing a septic system on his property. I don't know the laws concerning septics in Indiana, but I suspect he needed a permit and didn't have one. This is where he was in the wrong. He should have had the required permits.
The health inspector found out he might be installing a septic without a permit and came to investigate. She was denied access to the property. This is where she went wrong.
Instead of trying to force her way onto the property, she should have gone to where ever the permit records are kept and checked to see if one was on file. If not, she could then go to a judge and request a warrant to go in and see if he was actually installing as septic.


jhonmayer1
Male, 18-29, Western US
 1550 Posts
Saturday, September 08, 2007 10:04:29 PM
...what was he HIDING?
hmmm...

Snoogans
Male, 30-39, Eastern US
 721 Posts
Saturday, September 08, 2007 9:57:15 PM
Liquidglass....LOL, we can dream can't we Hey just a quick question for you since you are in law school. I read somewhere that police, inspectors and the such do have a right to go onto your property if they suspect something (valid probable cause) without a warrant, they just can't enter your house without one. Any truth to that?

Mweebles
Female, 18-29, Southern US
 1662 Posts
Saturday, September 08, 2007 9:57:10 PM
umm... 30 seconds of cars parked and a guy mumbling...and I Xed out. :)

Legion5
Male, 18-29, Eastern US
 445 Posts
Saturday, September 08, 2007 9:18:29 PM
Furthermore for those that bring up that INSPECTORS have the "power of entry" to follow through on their reasonable inspection duties, and they have this power above police officers to enter without a warrant, it's important to note that those laws are only in effect in the UNITED KINGDOM and not in UNITED STATES, in the USA you need a warrant bar none unless the crime is recent and you have reliable indicators to prove it is happening.

RickLeasure
Male, 50-59, Southern US
 2 Posts
Saturday, September 08, 2007 9:00:44 PM
If the law is abused by those who are supposed to uphold it, what hope do we have of justice. If a man trespasses on our property without due authority or reason as specified by the law, what recourse do we have to protect our property if the deputy/sheriff protects the trespasser?

It's ironic and sad to realize the real criminals in this case were the governmental representatives.


mphat
Male, 30-39, Western US
 1 Posts
Saturday, September 08, 2007 8:36:46 PM
for those of you who think that the health inspector is fine in what she is doing your are WRONG, hello 4th ammendment or do you even know what the hell that is.

Liquidglass
Male, 18-29, Eastern US
 1119 Posts
Saturday, September 08, 2007 7:49:35 PM
JaLacaob: Sorry you guys are all wrong, they did for that situation
braddock1134: if it was in plain view from the road a closer inspection would not be needed, they didn't know what was going on, so thus the inspection. Also does not matter where his property line is, it was marked clearly by 'no trespassing' signs which is as good as a wall. They went ON his property, not the edge, and they can't enter unless there is a certain reason, which they just had suspision.

Rick S: I'll refer you to the above retorts.


minitimm: Oh you mean besides the septic waste that the government put into water to test for drugs, google it.
if there had been intervention with water lines they would have had more than "hey somebody called, there might be something going on"


Liquidglass
Male, 18-29, Eastern US
 1119 Posts
Saturday, September 08, 2007 7:48:58 PM
CashCleaner: The police and/or certain government officials DO NOT have the right to trespass unless they are there to make an arrest or they have chased someone onto the property, they had no probable cause. They also have no authority to inspect further than things "in plain view" if they have to move something or they can't see it from the road too bad.

Snoogans: I'd actually like to see him shoot at them, but that constitutes use of 'deadly force' which is against federal law unless the situation calls for the extreme defense of such.



bandits1111
Female, 18-29, Southern US
 149 Posts
Saturday, September 08, 2007 7:06:36 PM
She then goes to the judge and says here is probable cause. The judge goes here's your warrant and then the cavalry comes to this guy's house to fine him for not getting the proper paperwork to build a septic tank. That's the end of the American story at least. Government officials shouldn't dabble in grey areas of the law they are sworn to uphold.

bandits1111
Female, 18-29, Southern US
 149 Posts
Saturday, September 08, 2007 6:56:18 PM
derangedingo:
I watched the full 9 minutes.
And nothing happened.

It was just a fat cop and an annoying government worker being told to leave for 9 minutes by a dude who reads bills/ammendments/constitutions just to find loopholes, and anything that will benefit him if he gets into court.

Loophole? Loophole?!? What are they teaching you in schools these days and/or what are you not learning? Laws are not made to be broken by anyone. The more you water down the law (ie-it's ok to do this here, here and here) the more the law becomes meaningless.

No, this did not pose an immediate threat to the health and welfare of anyone. She would have had the time to get a warrant as she was there the day before and didn't just jump out of her seat when she got the call from his neighbor. She had the time, he's not a terrorist (and I mean that literally according to the law) and there are pictures she could take with a higher powered camera from the road.


Deadman3215
Male, 18-29, Eastern US
 519 Posts
Saturday, September 08, 2007 6:47:42 PM
I don't know the whole story, but regardless he probably would lose the case just by saying "You're getting me rich right now." The Judge would probably dismiss the case on the grounds that he knew a crime was being committed and took no *serious* action because he thought he would get "rich" from it.

ranon
Male, 18-29, Asia
 294 Posts
Saturday, September 08, 2007 6:16:44 PM
If you listen closely to the start of the video, it says that the date is Nov 22. So this is at least a year old.

I believe that this person has exhausted all legal and other options (TV) before trying to post this on the internet.


Alanda
Female, 18-29, Midwest US
 298 Posts
Saturday, September 08, 2007 6:01:40 PM
Even if she had a real reason to be there, she was still annoying and rude......also, if she works for the government, she should know better and have a warrant. Since she wouldn't state her name, I think the man has the right to know her purpose of being there.

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