Health Inspector Trespassing - YourDailyMedia.com



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Health Inspector Trespassing

Incident in Indiana where a health inspector trespasses on private property while law enforcement looks on.

Posted by: Scottjpw on the 03rd 2007f May 2007 | Comments: (51) |

tokechok.. Posts: 155	Posted by: tokechoke on the 03rd 2007f May @ 07:32
	I wonder what the outcome to all of this is...

yoyoman Posts: 4	Posted by: yoyoman on the 03rd 2007f May @ 07:39
	Yes, I'd like to have a follow up on this. Very interesting. Wonder if he would win in court.... dont think so... government dep'ts got eachothers back!

GorJess Posts: 854	Posted by: GorJess on the 03rd 2007f May @ 08:04
	oooohhhh well, just gotta let these things go otherwise we'll all go crazy. he has the right point, but then apparently so do they. Gotta chilllll, if he pokes her he'll get arrested, atleast he recorded it. I reckon he has dead bodies in the yard.

evilsqui.. Posts: 57	Posted by: evilsquirrel on the 03rd 2007f May @ 08:14
	or weed growing in his shed paranoid

a_scisso.. Posts: 290	Posted by: a_scissors on the 03rd 2007f May @ 08:17
	no, he's absolutely right. Gov't officials must have a judge appointed warrant to access private property, and they didn't have one. Apparently, it was soley based on suspision, and she thought she had a right because she was a health inspector. The guy even said that he would be ok with it if she had a warrant, but she didn't. I don't think he's hiding anything at all, he's just validating and using his own right not to allow unwelcomed people on to his property. good for him.

no1fagen Posts: 128	Posted by: no1fagen on the 03rd 2007f May @ 09:01
	That was quite interesting, would like to find out what eventually happened with this one. Good on the guy for not losing his cool and laying a hand on her or resorting to abusive language. Also interesting that the guy fully knew his constitutional rights and could recite them, wouldnt think many of us Brits could do that, then again state of UK ATM we dont have many, unless were an immigrant or minority....

finnishg.. Posts: 386	Posted by: finnishguy on the 03rd 2007f May @ 09:30
	Let me be the first to say how stupid she is!!! Damn hippie health inspector!!! She looked like a complete dork! Priceless! Sure made a fool out of herself!

Nerdcop Posts: 33	Posted by: Nerdcop on the 03rd 2007f May @ 10:38
	Interesting... As a police officer I could see problems on both sides... The guy is right, she needs the proper paperwork to come on to his yard with out consent. Unless of course she can show exigent circumstances. Then she could walk right on with the sheriff. Now, on the other side, if they sheriff asked the guys name and the guy did not tell him he could have hooked him for withholding identity. Basically everyone screwed up.

pofuka Posts: 1	Posted by: pofuka on the 03rd 2007f May @ 11:12
	Not tolerable, she should have had grandpas fish killing stick slapped hard up against the side of her head .Acts like she owns the whole god damned world with her little ID badge.wonder why the jails are crowded

sysco45 Posts: 912	Posted by: sysco45 on the 03rd 2007f May @ 11:18
	I did a little research and the guy was trying to install a septic tank illegally.

ATV_driv.. Posts: 89	Posted by: ATV_driver on the 03rd 2007f May @ 11:26
	im on his side!

Tyrfingr Posts: 9846	Posted by: Tyrfingr on the 03rd 2007f May @ 11:43
	He should have been allowed to use his shotgun without repurcussions.. Arrogant bitch

qqqq Posts: 1	Posted by: qqqq on the 03rd 2007f May @ 12:01
	Obviously he had something to hide, then did some quick cursory research into Indiana law to try and scare her away from doing her job, which is protecting the public. Good job on her part in protecting the welfare of the public (all of us and that wacko guy, too) and keeping her cool. She left the first day, then did the right thing in getting an escort. Of course the Sheriff did his own research to ensure he was covered. That guy was an idiot!

Tyrfingr

Posts: 9846

Posted by: Tyrfingr on the 03rd 2007f May @ 12:15

Quote:

On 03-05-07 18:01 qqqq wrote:
Obviously he had something to hide, then did some quick cursory research into Indiana law to try and scare her away from doing her job, which is protecting the public. Good job on her part in protecting the welfare of the public (all of us and that wacko guy, too) and keeping her cool. She left the first day, then did the right thing in getting an escort. Of course the Sheriff did his own research to ensure he was covered. That guy was an idiot!

And what if doesnt have anything to hide... what then ?

There are reasons why there are laws to protect peoples integrity and private lives from harassments and loosely based suspiciouns.

Phoenix9.. Posts: 875	Posted by: Phoenix911 on the 03rd 2007f May @ 14:08
	Don't the US consitution say he has the right to protect his property? Now since they do not have a warrent then imo she is tresspassing regaurdless of her working for the goverment or not, she still has tresspassed without the goverments permission and because of this i would of taken a gun to her head. Serisoly tho why is that guy a cop? he did not know jack shit about law. Shot her and laugh as u can not be arrested simply because she is tresspassing, Right to defned your property.

The_Devi..

Posts: 494

Posted by: The_Devil on the 03rd 2007f May @ 14:32

Quote:

On 03-05-07 20:08 Phoenix911 wrote:
Don't the US consitution say he has the right to protect his property?
Now since they do not have a warrent then imo she is tresspassing regaurdless of her working for the goverment or not, she still has tresspassed without the goverments permission and because of this i would of taken a gun to her head.

Serisoly tho why is that guy a cop? he did not know jack shit about law.
Shot her and laugh as u can not be arrested simply because she is tresspassing, Right to defned your property.

Here's a fun fact. I live in Indiana and we're one of only two states that you have THE RIGHT to defend your private property with deadly force. Legally he could have shot her dead and providing the policeman didn't kill him, he would have gotten away with it. if this had been my property me, two sherrif deputies and one nosey **** would be dead. NO government offical has the right without a warrant to comeo n your property without probable cause. This is a lesson in politics and civil liberties. My brother got in a fight with his neighbor. Both of them laughed it off after they both cooled down. The policeman came over becuase one of the other neighbors called. My brother told the cop to fuck off and leave he didn't have the right ot be there. the cop hauled him off to jail for "profanity" and my brother spent the day in jail. To make a long story short the cop was suspended and my brother won a couple thousand in court. The police are terrific when their doing their job but this was abuse of power.

Kizer_Su.. Posts: 121	Posted by: Kizer_Sulza on the 03rd 2007f May @ 14:43
	Does anyone how any links? I am interested to find the outcome. It seemed to me like he just wanted an easy way to make money. He should of shot her, here in the UK a few youths were giving a farmer some abouse, so he picked up his shotgun and shot one dead. He just claimed they were trespasing.

Tantan Posts: 77	Posted by: Tantan on the 03rd 2007f May @ 14:48
	HOLY FUCK those people out of a job. Whatever happened to personal rights & freedoms.

Funbags Posts: 1048	Posted by: Funbags on the 03rd 2007f May @ 14:55
	Fucking nosey bitch

Fallent Posts: 4	Posted by: Fallent on the 03rd 2007f May @ 15:01
	PLEASE post the follow up to this. There has to be some something following this up! That Cop was such a clueless idiot and the woman... He told her about 50 times why she couldnt enter but ohhhhhhh no she entered because "she has the right too!" even when she didnt! American Cops and Woman... Pffft

Nerdcop Posts: 33	Posted by: Nerdcop on the 03rd 2007f May @ 15:18
	Hey now, not all us cops are that ignorant (or fat). it's mostly sheriffs anyway... There are stupid people in every occupation.

ben_dove..

Posts: 1323

Posted by: ben_dover on the 03rd 2007f May @ 15:34

Quote:

On 03-05-07 17:43 Tyrfingr wrote:
He should have been allowed to use his shotgun without repurcussions.. Arrogant bitch

That stupid bitch was just laughing! I am so glad he recorded that stupid women's lib representative laughing because she just laughed herself out of a job. That guy was a redneck but he certainly knew the law and I respect him for that. He did everything the right way. The most embarrassing thing about all of this, is that Laporte County is not too far from Berrien county in Michigan where I live.

jelleoel.. Posts: 1626	Posted by: jelleoelle on the 03rd 2007f May @ 16:34
	Without a followup, this is really a teaser. It's not even complete. That makes it all pretty useless. Please, someone post a link or some info to get a followup. I want to see this woman fired!

8675309L Posts: 1	Posted by: 8675309L on the 03rd 2007f May @ 18:25
	Personally, I disagree with the govt. being able to come onto your property without a warrant, however, in some circumstances, they can. BEING IN MY LAST SEMESTER OF LAW SCHOOL, I CAN GIVE SOME POSSIBLE ANSWERS: The 4th Amendment does not protect curtilige (land or yard adjacent to your house) from warrantless searches by the government. The 4th Amendment only protects those areas to which you have a reasonable expectation of privacy (within your house). In this case, the land and property could be seen from the road, so there is no reasonable expectation of privacy; even if it could not be seen from the road, he probably would not have an expectation of privacy on his land, anyways. Generally, however, if the land is close to the home, and there is a manifest intent on the part of the property owner to exclude others, the land is not considered curtilige, and the govt. must have a warrant to enter. However, curtilige tends to be viewed broadly, and it is not easy to prove that you intended to exclude others (even a barbed wire fence, in some cases, is not enough). That being said, that is only based on the US Constitution. Specific state constitutions often tend to expand on the rights that are granted to their citizens. I don’t know what Indiana law / Const. says, and I am not going to look it up. It is likely, however, that they don’t grant any more protection to property owners. Furthermore, if this is a commercial property (it does not appear so) the health inspector as part of an administrative agency often does not need a warrant. Regardless, it is always good practice for the agency to get a warrant (even if they don’t need one) when they have been told to keep out. Warrants are not hard to get, and judging by the state of the land, there was definitely probable cause to get a warrant for whatever health violations she wanted.

DJ_Janx

Posts: 171

Posted by: DJ_Janx on the 03rd 2007f May @ 18:53

Quote:

On 04-05-07 00:25 8675309L wrote:
Personally, I disagree with the govt. being able to come onto your property without a warrant, however, in some circumstances, they can.
BEING IN MY LAST SEMESTER OF LAW SCHOOL, I CAN GIVE SOME POSSIBLE ANSWERS:
The 4th Amendment does not protect curtilige (land or yard adjacent to your house) from warrantless searches by the government. The 4th Amendment only protects those areas to which you have a reasonable expectation of privacy (within your house). In this case, the land and property could be seen from the road, so there is no reasonable expectation of privacy; even if it could not be seen from the road, he probably would not have an expectation of privacy on his land, anyways. Generally, however, if the land is close to the home, and there is a manifest intent on the part of the property owner to exclude others, the land is not considered curtilige, and the govt. must have a warrant to enter. However, curtilige tends to be viewed broadly, and it is not easy to prove that you intended to exclude others (even a barbed wire fence, in some cases, is not enough).
That being said, that is only based on the US Constitution. Specific state constitutions often tend to expand on the rights that are granted to their citizens. I don’t know what Indiana law / Const. says, and I am not going to look it up. It is likely, however, that they don’t grant any more protection to property owners.
Furthermore, if this is a commercial property (it does not appear so) the health inspector as part of an administrative agency often does not need a warrant.
Regardless, it is always good practice for the agency to get a warrant (even if they don’t need one) when they have been told to keep out. Warrants are not hard to get, and judging by the state of the land, there was definitely probable cause to get a warrant for whatever health violations she wanted.

Gee!

Alacrity Posts: 3712	Posted by: Alacrity on the 03rd 2007f May @ 18:56
	Take notice; she wouldn't even give her last name. What kind of phony government inspecter doesn't come supplied with full identification? That alone should have been enough to reject trespass. Needed: smiley face with big growl.

jelleoel.. Posts: 1626	Posted by: jelleoelle on the 03rd 2007f May @ 19:06
	He should have put a gun to her head! Ofcourse he shouldn't shoot her, but just pointet a gun at her. He would be in his full right to do so. Wether he has something to hide or not has no relevance. She has no right what so ever to enter his property without either his permision or a warrant. She biatch wouldn't even give her full name, wich she ofcourse MUST do. Please, come with a follorup. I want this woman fired.

SimonL Posts: 2526	Posted by: SimonL on the 03rd 2007f May @ 20:08
	Ok she was nosy but come on, this guy was getting iritating. We don't have laws like that in Canada, if there is probable cause to search a residence or property then the law has the authority. One of the largest serial murder case is happening which took place in Coquitlam about 20 minutes from where I live. The cops had a tip and moved in. Glad they did.

KILLERBE.. Posts: 873	Posted by: KILLERBEE on the 03rd 2007f May @ 20:50
	she shouldve just gone and gotten her warrant, now any evidance that she has is nul and void in a court of law

bioman Posts: 220	Posted by: bioman on the 03rd 2007f May @ 22:45
	this guy did NOTHING wrong, he DOES have the right to put in his own septic tank. as long as its be inspected to the original septic installation and has 18 inch of top soil and proper pitch to drainage with 90 ft of lat lines per 3 bed room of house. as for tresspass I hope he sues the fuck out of that bitch and he fucking lame ass sheriff for not protecting HIm of his constitutional rights. had it been me I would have shown her the right to bare arms!!!!!

deltabtr..

Posts: 28

Posted by: deltabtry on the 04th 2007f May @ 00:40

Quote:

Both the health inspector and the Sheriff where wrong and negligent in their duties not to mention in violation of the law and also dereliction. The man clearly stated his intention and not to mention a No Trespass sign was posted. This in it's self would required and government official to gain a warrant to access the property unless there was a clear probable cause, which would immediately in danger the public or a felony was being committed. If any violation was committed by the land owner , at best it would be a violation of Bylaws or deed restrictions, or some type of zoning law. That said a warrant would need to be issued to enter the property. Although a stop and desist order to stop work can be ordered, by the county official or town. This would have to be presented in writing.

This can go on and on, the proper action that should have been taken was that the sheriff should have called his supervisor along with the health inspector. The land owner should have had a lawyer there with him. Also he should have called the state police if that sheriff was in dereliction of his duties.

All government I.D must state your full name.

cagekenn.. Posts: 3	Posted by: cagekennylz on the 04th 2007f May @ 01:24
	i kinda wanted to see a fight

Plumit20.. Posts: 680	Posted by: Plumit2000 on the 04th 2007f May @ 04:52
	i take it his battery went dead and what a silly bitch.

GorJess

Posts: 854

Posted by: GorJess on the 04th 2007f May @ 04:53

Quote:

On 03-05-07 20:43 Kizer_Sulza wrote:

He should of shot her, here in the UK a few youths were giving a farmer some abouse, so he picked up his shotgun and shot one dead. He just claimed they were trespasing.

yeh but didnt he go to jail? we dont get away with that stuff here. All these comments 'he should have shot her' is it just me who thinks death over something so fucking trivial like this video is a complete waste? maybe im the only one who appreciates life

Fallent

Posts: 4

Posted by: Fallent on the 04th 2007f May @ 07:11

Quote:

On 03-05-07 21:18 Nerdcop wrote:
Hey now, not all us cops are that ignorant (or fat). it's mostly sheriffs anyway... There are stupid people in every occupation.

Na your right. No disrespect to any of the hard workin and 'law abiding' officers of any nation

But as for that guy, he should of just throw a Donut out of his property and that cop would be long gone.

KILLERBE..

Posts: 873

Posted by: KILLERBEE on the 04th 2007f May @ 07:24

Quote:

On 04-05-07 10:53 GorJess wrote:
[..]
yeh but didnt he go to jail? we dont get away with that stuff here. All these comments 'he should have shot her' is it just me who thinks death over something so fucking trivial like this video is a complete waste? maybe im the only one who appreciates life

as far as shooting someone to protect your family, if you shoot someone and they live, they can sue you and win. dead men dont win court cases

capoeira..

Posts: 50

Posted by: capoeira4u on the 04th 2007f May @ 12:21

Quote:

you said "In this case, the land and property could be seen from the road, so there is no reasonable expectation of privacy; even if it could not be seen from the road, he probably would not have an expectation of privacy on his land"... But he actually said that there were No Trespassing Signs (more than one) in his yard. Doesn't that show "expectation of privacy"?

Another thing, even if she does have the right to enter his property without a warrant, does she have the right to take pictures? If it was me, I probably would have at least tried to block her from taking pictures.

On a personal note, I really hope the cop gets suspended for this and the girl gets thrown in jail.

Tyrfingr

Posts: 9846

Posted by: Tyrfingr on the 04th 2007f May @ 20:42

Quote:

On 04-05-07 13:24 KILLERBEE wrote:
[..]
as far as shooting someone to protect your family, if you shoot someone and they live, they can sue you and win. dead men dont win court cases

Dead men tell no tales

H_TOWN_M..

Posts: 6278

Posted by: H_TOWN_MEX on the 04th 2007f May @ 21:05

Quote:

On 03-05-07 18:15 Tyrfingr wrote:
[..]

And what if doesnt have anything to hide... what then ?

There are reasons why there are laws to protect peoples integrity and private lives from harassments and loosely based suspiciouns.

CHEERS ON THAT ONE

thegreat.. Posts: 1606	Posted by: thegreatone on the 04th 2007f May @ 21:24
	Any pictures she took will be inadmissible in court.So she just wasted her time. Dumb bitch.

tardturd Posts: 1398	Posted by: tardturd on the 04th 2007f May @ 21:31
	I cheated and scrolled to the end to post this comment without reading all the others. hahaa eat shit and die Larry the Cable Guy should be the inspector. Did anyone call ass on the drab looking hippie woman yet????? If not I call ass and I'll do her right there on one of those piles of dirt

DireCrow Posts: 142	Posted by: DireCrow on the 05th 2007f May @ 03:46
	I love the fact that the landowner is screaming that the cop stay off his property, then screams that he should enter the property to arrest the woman, then screams that he stay off his property, then screams that he should enter the property....blah blah. My understanding of federal law is that if there is a complaint, then a federal agent has probable cause to enter the visable property, but not enter any structures without a warrant. The question is was she a fed or a local agent. Plus, the landowner is the one claiming she has no last name, she shows the badge twice and even says her name. You notice if he was really trying to get photographic evidence, he would have zoomed in on the badge. But he didn't. He's probably some child molester with bodies in his shed, or has a stockpile of guns to rack up a count at the local pediatric hospital.

XtremeB

Posts: 1

Posted by: XtremeB on the 06th 2007f May @ 00:00

Quote:

On 04-05-07 02:08 SimonL wrote:
Ok she was nosy but come on, this guy was getting iritating. We don't have laws like that in Canada, if there is probable cause to search a residence or property then the law has the authority. One of the largest serial murder case is happening which took place in Coquitlam about 20 minutes from where I live. The cops had a tip and moved in. Glad they did.

Actually we do have those laws in canada. And they did have a warrent to search the farm in Coquitlam. They had serveral warrents. If a cop goes into you home or as in the murder trial right now and they don't have a warrent. Anything they find can't be entered into evidence making it null and void. One case a couple years ago in Abbotsford there was a man and wife that had a grow-op in their house. They sued the police because they violated their privacy. Check the laws. They are there.

XB

makiavel.. Posts: 7	Posted by: makiavellli on the 06th 2007f May @ 12:03
	that guy can suck a fat cock, he is one of the most annoying white trash people ive ever heard....yankees are damn annoying

BowtoPta..

Posts: 12

Posted by: BowtoPtah on the 18th 2007f May @ 12:47

Quote:

On 03-05-07 20:32 The_Devil wrote:
[..]

Here's a fun fact. I live in Indiana and we're one of only two states that you have THE RIGHT to defend your private property with deadly force. Legally he could have shot her dead and providing the policeman didn't kill him, he would have gotten away with it. if this had been my property me, two sherrif deputies and one nosey **** would be dead. NO government offical has the right without a warrant to comeo n your property without probable cause. This is a lesson in politics and civil liberties. My brother got in a fight with his neighbor. Both of them laughed it off after they both cooled down. The policeman came over becuase one of the other neighbors called. My brother told the cop to fuck off and leave he didn't have the right ot be there. the cop hauled him off to jail for "profanity" and my brother spent the day in jail. To make a long story short the cop was suspended and my brother won a couple thousand in court. The police are terrific when their doing their job but this was abuse of power.

what a load of horseshit, to shoot that person youd have to prove that your life was in danger , as if you could shoot anyone dead , let alone a copper and then claim self defence of any sort...you need to lay off the bongs a bit , either that or do as you say at the next opportunity so someone can post up your electrocution for us all to see

SycoGram..

Posts: 8

Posted by: SycoGrama on the 22nd 2007f May @ 03:55

Quote:

On 03-05-07 20:48 Tantan wrote:
HOLY FUCK those people out of a job. Whatever happened to personal rights & freedoms.

Bush is what happened to personal rights & freedoms. Remember he's trying to protect us from the terrorist illegal septic installations! Used to be the government expected us to bury our own shit, now they send out a natzi bitch like this to infilitrate your sense of security in the one place your supposed to feel you can protect yourself, HOME! YA, HEIL BUSH !

buck_Wil.. Posts: 1	Posted by: buck_Wilde on the 26th 2007f May @ 08:08
	Doberman,shotgun or a fence.Dont count on the police. I'd have physically thrown her off cop watching and all with camera rolling in the background on my truck.Screw talking to her.Sign says trespassers will be shot.He's in the right reguardless of what he's doing.Even if he had a meth lab there they couldnt do shit without a warrant PERIOD.

jwa84 Posts: 2	Posted by: jwa84 on the 22nd 2007f Jun @ 17:36
	i love the argument "well, if you don't have anything to hide..." i'm sure the inspector doesn't have anything to hide, i wonder if she'd have a problem with me perusing the panty/diaphragm/vibrator drawer in her bedroom. after all, if you have nothing to hide...

sykemedi.. Posts: 4	Posted by: sykemedia on the 02nd 2007f Sep @ 19:37
	Very true, I hope this lady was arrested, or at least suspended from work for this and sent on a retraining course along with the dumb fat fuk cop that didnt know his dik from his elbow! dam rednecks!