anyone seen this video yet?

[the moose]

it's been out for a few now and just wanted some opinions. i posted this under the civil rights thread, but feared it would be overlooked.

http://break.com/index/sheriff-allow...respass2b.html

[lawhog]

it's been out for a few now and just wanted some opinions. i posted this under the civil rights thread, but feared it would be overlooked.

http://break.com/index/sheriff-allow...respass2b.html

Seems perfectly reasonable. Of course, they are uncomprehensible, so maybe I am, too!

[JPR]

I just removed post......I didn't notice where I was when I posted it....Sorry for the inadvertent trespass. I honestly don't know how I got here.
....no pun intended.

[SA13]

For your edification:

http://caselaw.lp.findlaw.com/data/constitution/amendment04/04.html#3

You can demand a warrant for someone to enter your home, or even the curtilage, but not for the yard, even if fenced and posted.

[kansaslawdog31]

I did not see anything wrong with the behavior of either the deputy or the inspector. As far as I know from working in Indiana, such inspections of property are allowed by statute and inspectors/police can enter onto property to conduct such inspections. Besides hindering them can only lead to criminal charges against the property owner.

I do love the armchair lawyering in the video though. This is just an example of why we all have jobs!

[Nightshift va]

Government Trespass

it's been out for a few now and just wanted some opinions. i posted this under the civil rights thread, but feared it would be overlooked.

http://break.com/index/sheriff-allow...respass2b.html

Im not sure about indiana, I only saw the first part of the video because it wouldnt stream right. But the gest was an employee from the Health Department was there with a Sheriffs Deputy to perform their duties related to inspection of the yard? In Va yard or Home if that guy acted that way he would be arrested for Obstruction by Police and or the Health Department could seize his property and kick him out until they conducted their inspection and they could take their time about it and should since that guy thinks he knows something. Trespass doesn't apply to Police during the performance of their duties but I dont know Indiana law either. As for the Health Department Employee his actions not to assist her adds to her justification in condeming his property so wannabe law boy is gonna loose either way, so why not be polite about it?

[KapsFB]

Hate to say it but the homeowner was correct. Didn't look like the inspector or the deputy had any process to serve on him. They should have had some documents directing the homeowner to comply with whatever local health statutes the inspector was looking into. The deputy was just there for the inspector's protection. I would have left the scene and told the inspector to get something authorizing them onto the property. Then come back and if the homeowner interferes, arrest him for Obstruction.

Hate to say it because the homeowner was definately a real dork and what I saw of the property probably did violate some code or another. Looked like the county inspector's office was simply trying to assess the mess in the guy's yard in order to get subsequent citations/orders, etc. They had NOTHING with them however and were in fact trespassing as soon as the inspector started prancing around his "house" (aka dump). Because the deputy(ies) allowed the inspector to dictate action, they're going to be liable for any civil action the guy chooses to take. Given the "dorkness" factor, I'm sure he will.

NEVER let another government agency dictate what you can or should do. Particularly a civilian one unless they have proper authorization. All this is said without specific knowledge of the local authority given to such an inspector. Can't believe however, a health or code inspector can just walk into/onto someone's property without SOMETHING.

[AKA=Cruz]

a

[NWITroop]

Video

IC 16-20-1-23
Inspection of private property; property in which officer has interest
Sec. 23. (a) Except as provided in subsection (b), the local health officer or the officer's designee may enter upon and inspect private property, at proper times after due notice, in regard to the possible presence, source, and cause of disease. The local health officer or designee may order what is reasonable and necessary for prevention and suppression of disease and in all reasonable and necessary ways protect the public health.
(b) However, a local health officer, or a person acting under the local health officer, shall not inspect property in which the local health officer has any interest, whether real, equitable, or otherwise. Any such inspection or any attempt to make such inspection is grounds for removal as provided for in this article.
(c) This section does not prevent inspection of premises in which a local health officer has an interest if the premises cannot otherwise be inspected. If the premises cannot otherwise be inspected, the county health officer shall inspect the premises personally.

[fyrdog]

Hate to say it but the homeowner was correct. Didn't look like the inspector or the deputy had any process to serve on him. They should have had some documents directing the homeowner to comply with whatever local health statutes the inspector was looking into.

Ok one of my assinged duties is being the towns Local Health Officer (LHO) and while I might not work in Indiana, I'm pretty shure that a couple of things are common across the board.
1. I don't bring a notice of violation with me, on a complaint until I've investigated the complaint. Do you walk up to a car at a traffic stop and hand the driver a citation, prior to any other contact / questioning?

2. Around here I can enter most property with prior notifaction, during "normal business hours". In the begining of the tape the home owner says tha the inspector, was at the residnece the day before this tape was shot. She could have been posting a notice to inspect, or at least tring to make contact with the home owner. His action the previous day was proably the reason that a deputy was at his home on the day the tape was made.

3. Our building permits, advise you that the municipality has a right to inspect the work being done during normal business hours. Any work with out a permit is a fine of double the permit cost, or $100.00 dollars which ever is greater. The last permit I signed on cost $30,000.00 so it can add up.

4. The deputy stayed at the no tresspassing sign during the lenght of the tape. Up here, a health inspector is not held to the same standard of 4th amendmant rights as an LEO. They can't arrest you, or detain you, the most they can do is to cut you a civil summones, or in extreme cases where and IDLH situation exists, they can shut down a business / claim a house isn't habitable under the dangerous building statute.

[bigcop97]

I can kind of see where the guy is coming from.... kinda

I mean if someone shows up at my house saying they are a "Health Inspector" I am not just going to let them into my home with no questions asked. More than likely they are not coming in...

They better have some official documentation outlining the authority that they are acting under.

[bigcop97]

Ok one of my assinged duties is being the towns Local Health Officer (LHO) and while I might not work in Indiana, I'm pretty shure that a couple of things are common across the board.
1. I don't bring a notice of violation with me, on a complaint until I've investigated the complaint. Do you walk up to a car at a traffic stop and hand the driver a citation, prior to any other contact / questioning?

2. Around here I can enter most property with prior notifaction, during "normal business hours". In the begining of the tape the home owner says tha the inspector, was at the residnece the day before this tape was shot. She could have been posting a notice to inspect, or at least tring to make contact with the home owner. His action the previous day was proably the reason that a deputy was at his home on the day the tape was made.

3. Our building permits, advise you that the municipality has a right to inspect the work being done during normal business hours. Any work with out a permit is a fine of double the permit cost, or $100.00 dollars which ever is greater. The last permit I signed on cost $30,000.00 so it can add up.

4. The deputy stayed at the no tresspassing sign during the lenght of the tape. Up here, a health inspector is not held to the same standard of 4th amendmant rights as an LEO. They can't arrest you, or detain you, the most they can do is to cut you a civil summones, or in extreme cases where and IDLH situation exists, they can shut down a business / claim a house isn't habitable under the dangerous building statute.

I am confused? What do you mean they are not held to the same 4th amendmant standards as a police officer? Those are constitutional rights, not suggestions.... It does not say on the end of the Amendmant (unless you are a health inspector)

[fyrdog]

No I mean, when I'm in my health inspector role, I can'y apply for a search warrant to enter a persons property, no exceptions. I also mean that our state laws recognize this and allow us to notify a person that there has been a complaint and we will be inspecting the complaint, which includes entering their property. We will schedule the inspection with that person if they are agreeable, but if they refuse a notice will be posted on their last known place of residence, at least 24 hours in advance of the inspection.

If the person is operating a licensed business they have to allow us,to inspect the business during normal business hours. It is a condition of the business license. The same goes for inspecting a construction site.

So yes a person is protected by the 4th amendment from an unreasonable search by a health inspector. It's what constitutes an unreasonable search, that changes, and a health inspector doesn't sieze a persons property with the exception of condeming a property where an IDLH* condition exists.

Note *IDLH = Imeadiately Dangerous to Life and Health

[SA13]

Why do some of you keep talking about letting the inspector "into the home", or "house?" Neither she or the deputy made any attempt to enter the home/house, she merely walked into the yard.

Again, I suggest you guys read the link I posted earlier regarding the Open Field doctrine.

[bigcop97]

No I mean, when I'm in my health inspector role, I can'y apply for a search warrant to enter a persons property, no exceptions. I also mean that our state laws recognize this and allow us to notify a person that there has been a complaint and we will be inspecting the complaint, which includes entering their property. We will schedule the inspection with that person if they are agreeable, but if they refuse a notice will be posted on their last known place of residence, at least 24 hours in advance of the inspection.

If the person is operating a licensed business they have to allow us,to inspect the business during normal business hours. It is a condition of the business license. The same goes for inspecting a construction site.

So yes a person is protected by the 4th amendment from an unreasonable search by a health inspector. It's what constitutes an unreasonable search, that changes, and a health inspector doesn't sieze a persons property with the exception of condeming a property where an IDLH* condition exists.

Note *IDLH = Imeadiately Dangerous to Life and Health

Ok, that makes more sense then....