Constitutional Violation caught on tape

[Paul]

[ame=http://www.youtube.com/watch?v=bB_jp3Sm1BY]YouTube - U.S. Constitution 4th Amendment is Dead in America[/ame]

 

[SavageEagle]

Not on my property! Wish he'd showed the rest. He'd been within his rights to stop her. Maybe not with deadly force, but I would have called the state police. I don't see where there was any health violations either... Man he's gonna be rich... Anyone know where/when this happened?

 

[dblagent]

I thought that this was for some type of code violations on the property, and if I remember correctly he was in violation quite badly. Something with raw sewage, I can't remember. I could be very wrong on this though.

 

[melensdad]

Not on my property! Wish he'd showed the rest. He'd been within his rights to stop her. Maybe not with deadly force, but I would have called the state police. I don't see where there was any health violations either... Man he's gonna be rich... Anyone know where/when this happened?

LaPorte County (north part of the state along the Michigan border). Happened in November.

I live out in the country and just watching that makes me want to run a fence along my front lot line and post No Trespassing signs! What a crock of **** that was, the deputy was between a rock and a hard place, but he should have prevented the lady from going onto the property. I believe the health department can inspect whatever it wants, with probable cause and a court order, but none of that existed.

He was there to enforce the law. He failed in his duty. Had the property owner given ANY indication that he would back down then that would have opened the door for the deputy to allow the woman to proceed, but the property owner never backed down. Therefor the deputy failed, despite repeated requests from the property owner. :wtf:

I thought that this was for some type of code violations on the property, and if I remember correctly he was in violation quite badly. Something with raw sewage, I can't remember. I could be very wrong on this though.

EVEN IF THAT IS TRUE it is irrelevant. She needed probable cause & a court order.

AND I'M WILLING TO BET THAT IF AN INSPECTOR WANTED TO, SHE COULD FIND A CODE VIOLATION ON ANYONE'S PROPERTY!!!

 

[jontheturboguy]

Besides having video tape in hand such as this guy did, what else would/could/should you do?

 

[Lars]

Start by calling his representatives, and a lawyer.

 

[Scutter01]

Its been six months since this happened. I wonder if there's been any followup. I'd like to hear what the outcome was.

 

[Lars]

One of these might have helped on Day 1.

 

[4sarge]

LaPorte County (north part of the state along the Michigan border). Happened in November.

I live out in the country and just watching that makes me want to run a fence along my front lot line and post No Trespassing signs! What a crock of **** that was, the deputy was between a rock and a hard place, but he should have prevented the lady from going onto the property. I believe the health department can inspect whatever it wants, with probable cause and a court order, but none of that existed.

He was there to enforce the law. He failed in his duty. Had the property owner given ANY indication that he would back down then that would have opened the door for the deputy to allow the woman to proceed, but the property owner never backed down. Therefor the deputy failed, despite repeated requests from the property owner. :wtf:


EVEN IF THAT IS TRUE it is irrelevant. She needed probable cause & a court order.

AND I'M WILLING TO BET THAT IF AN INSPECTOR WANTED TO, SHE COULD FIND A CODE VIOLATION ON ANYONE'S PROPERTY!!!

Interesting, I thought that he was wearing an Indiana Sheriff's uniform. If I can remember correctly from Indiana & Constitutional Law classes, she has the right for a warrant-less search in a public place such as a restaurant kitchen, grocery store etc and to observe from the roadway but I do believe that a warrant with PC would be required for what she did. If I was the deputy, I would have requested a supervisor from my department and hers to respond to the scene. If I was the supervisor, then I would have requested her to not enter the property until the Health Department had the proper warrant required for a search.

Please keep us posted on the outcome of this. Unfortunately usually the property owner victim either doesn't follow up or the County buries them in legal maneuverer's. Did the news media get involved and what side did they take ?

 

[Kirk Freeman]

Inspection for a septic tank?

What was the suspected violation?

 

[Episcopus]

A warrant is not typically required to walk on someone's property. You only need a warrant to "search" and there isn't a "search" unless there is a subjective belief that what is found was private, and an objective recognition that the subjective belief is reasonable. This guy fails both parts. He couldn't have held a subject privacy belief because he was making no attempt to keep his actions private. Any belief he had was not objectively reasonable because his actions could be seen from the road, and that which can be easily viewed by the public can not be private.

 

[Hiram Abiff]

I too would love to know the outcome of this!!

 

[Ri22o]

One of these might have helped on Day 1.

I offered to have them made, but no one took me seriously.

 

[dblagent]

As long as you do not enter the home at all I though you were allowed to go up someones driveway no matter what. I'm talking about going up and knocking on the door here. Is that true?

I know that I have walked around peoples houses to take photos before with signs up, it was after they had applied for a home loan I believe, or maybe insurance. The company they apply to asks for photos and I went a few times for a friend when he could not do the job.

How about Meter Readers? I did that years ago, and there is no way to really keep them off I would think, short of putting your meter at the road.

Don't know, just asking here.

 

[melensdad]

If I can remember correctly from Indiana & Constitutional Law classes, she has the right for a warrant-less search in a public place such as a restaurant kitchen, grocery store etc and to observe from the roadway but I do believe that a warrant with PC would be required for what she did.

Here is what I believe to be the appropriate Indiana Code:

Right of entry - 410 IAC 6-10-4

Sec. 4. The board, the local health department, or their authorized representatives may enter upon public or private property at reasonable times and upon presentation of credentials to inspect facilities, equipment, or records, investigate allegations, determine soil characteristics, conduct tests, or collect samples for the purpose of obtaining information necessary to the issuance of a permit pursuant to 410 IAC 6-10 [this rule], or to determine whether any person is subject to, or in violation of 410 IAC 6-10 [this rule] or any permit or order issued pursuant thereto.​

Reading that seems to imply that the lady has the right to enter any property she chooses. Yours, mine, and this guy who shot the video. HOWEVER, you will notice the red wording above that I highlighted. Those red words indicate that she could only legally ingress for a reason that is related to a permit, or a permit violation, if I understand the law correctly. However, if you look at some of the clauses separated by comas you will see that 'investigate allegations' stands alone. That bit of grammar may allow the health department unfettered access to all our land no matter what, without any recourse. I stayed at a Holiday Inn Express, so I believe my interpretation of the law is correct.

I offered to have them made, but no one took me seriously.

Is that Indiana code or North Carolina code?

 

[4sarge]

As long as you do not enter the home at all I though you were allowed to go up someones driveway no matter what. I'm talking about going up and knocking on the door here. Is that true?

I know that I have walked around peoples houses to take photos before with signs up, it was after they had applied for a home loan I believe, or maybe insurance. The company they apply to asks for photos and I went a few times for a friend when he could not do the job.

How about Meter Readers? I did that years ago, and there is no way to really keep them off I would think, short of putting your meter at the road.

Don't know, just asking here.

BUT - they applied for a new mortgage, didn't object and if you stopped the meter reader then they would eventually shut off your service. My electric & gas meter readings are sent via radio signal to the utility.

I'd say Posted No Trespassing, means just that. W/o a warrant you can photograph or observe from anywhere where you can legally be but under cover of law, must have a warrant or Exigent Circumstances

Seems like the Health Department had some exception to the above but I do not remember what exactly. It seems that a health inspector could enter where we could not.

Signage Ri22o - Why the Trespass Exceptions? I would not want them on my sign if I were so inclined to post such a stern warning :do2:

 

[flagtag]

The land owner should have threatened to "check out" her vehicle to see what they would have said about that.

 

[flagtag]

Inspection for a septic tank?

What was the suspected violation?

Probably that the city, county, state wouldn't get any "sewer" money if he had a septic tank.

 

[scully]

Here is what I believe to be the appropriate Indiana Code:

Right of entry - 410 IAC 6-10-4​

Sec. 4. The board, the local health department, or their authorized representatives may enter upon public or private property at reasonable times and upon presentation of credentials to inspect facilities, equipment, or records, investigate allegations, determine soil characteristics, conduct tests, or collect samples for the purpose of obtaining information necessary to the issuance of a permit pursuant to 410 IAC 6-10 [this rule], or to determine whether any person is subject to, or in violation of 410 IAC 6-10 [this rule] or any permit or order issued pursuant thereto.​

Reading that seems to imply that the lady has the right to enter any property she chooses. Yours, mine, and this guy who shot the video. HOWEVER, you will notice the red wording above that I highlighted. Those red words indicate that she could only legally ingress for a reason that is related to a permit, or a permit violation, if I understand the law correctly. However, if you look at some of the clauses separated by comas you will see that 'investigate allegations' stands alone. That bit of grammar may allow the health department unfettered access to all our land no matter what, without any recourse. I stayed at a Holiday Inn Express, so I believe my interpretation of the law is correct.


Is that Indiana code or North Carolina code?

Was that the little laminated thingy without even a last name?


ETA: if that's all it takes, let me know if you want some official LaPorte County boobie inspector badges we can then head to the local health spa "and whip them out"