Illegal Trespass ...???!!!!!

[mwilson788]

Many of you may have already seen this video but....

http://www.break.com/index/sheriff-allows-illegal-trespass2b.html

I am definitely not an attorney nor well versed on Indiana law but this seems corrupt as hell to me. I understand wanting to check out his septic system and the guy was being a bit overly defensive of his property but if he had No Trespassing signs posted they must respect his wishes until a court order is issued.

Another discussion on this topic.....

http://www.akforum.net/phpBB2/viewtopic.php?t=24769&sid=3c39e5db9ec7a47bae46ee148462f0f8

This man has since had his property condemned.

I've got tons of opinions on this and could write a book but I'll give everyone a chance to respond first.

 

[Greg]

That guy is a weenie...maybe he should stop living in a shithole.

 

[smokem94]

If the surrounding properties water supplies are from wells, and the guy was putting in an illegal septic system, I sure as hell would want the health dept. to check it out.
I guess she could have gone and got a warrant, but if he wasn't doing anything wrong, he could have let her take a look also.

I am as big on property rights and for smaller govt. as there is, but there is a fine line between making your point and being a fanatic asshole!

I would put this guy in the latter category.

 

[Greg]

You nailed it Mike.

 

[mwilson788]

I agree. He could have had a better delivery. Either way though I feel like the lady should have gotten a warrant. I wouldn't want my neighbor's shit spewing into my yard but at the same time I can respect that neighbor's right to avoid illegal search. (if there were no law permitting her to be there)

 

[waterboy]

IMHO, Unless there was immeninant danger to life or health, they should've got a court order. If they had probable cause, a warrant shouldn't have been a problem. It sounds like they condemned his property AFTER the incident. If they did this using the photos, it seems to me a case of "the ends justify the means" which we should all fear. This means your rights mean nothing. That is why you need to vigourly defend the rights you have unless you would like to see more of this happen. Shame on the sherriff! What made him think she had the right to trespass without a warrant when he could not?! Notice he did not enter the property himself. He should've arrested the woman for criminal trespass. Because he did not, he sould lose his job IMHO. Rant off.

 

[smokem94]

IMHO, Unless there was immeninant danger to life or health, they should've got a court order. If they had probable cause, a warrant shouldn't have been a problem. It sounds like they condemned his property AFTER the incident. If they did this using the photos, it seems to me a case of "the ends justify the means" which we should all fear. This means your rights mean nothing. That is why you need to vigourly defend the rights you have unless you would like to see more of this happen. Shame on the sherriff! What made him think she had the right to trespass without a warrant when he could not?! Notice he did not enter the property himself. He should've arrested the woman for criminal trespass. Because he did not, he sould lose his job IMHO. Rant off.

Damn!!!!!!! How in the hell do you survive in the Seattle area?????:rofl:

 

[mwilson788]

If the property WAS condemned due to the photos the case should be reopened because the photos would become inadmissable evidence due to her neglect to get a warrant.

 

[waterboy]

Damn!!!!!!! How in the hell do you survive in the Seattle area?????:rofl:

:rofl: I'm not sure. Too liberal for me here. If I move, then the Libs win!:bickering :hammersma :dunno: :help: :rofl:

 

[TexaSmoke]

Damn!!!!!!! How in the hell do you survive in the Seattle area?????:rofl:

That's the truth.:rofl:

 

[TexaSmoke]

I agree with everything that waterboy states. Though he did live in a shit hole, that does not give the government to right to trespass on his property.

Heck in Texas we would just shoot.:gangfire: Screw this video tape stuff.

 

[mwilson788]

Same in TN. Our bullets speak volumes.

 

[sgresso]

Now you know why I hate my area in indiana.
That was here in my local area.
that was just one county over....

 

[mwilson788]

Now you know why I hate my area in indiana.
That was here in my local area.
that was just one county over....

Do you know the full story on this?
I'd love to hear both sides of this and the end result.

 

[caudio51]

Now you know why I hate my area in indiana.
That was here in my local area.
that was just one county over....

Do you know the full story on this?
I'd love to hear both sides of this and the end result.

Ditto

Although I'm pretty sure that if someone was doing construction on a house, the building inspector has the right to view what they are doing and shut them down for not having a permit.

It was tough to see what was visible in the video (if they could tell he was doing septic work or not).

 

[tedski]

The sherriff and this woman from the health dept are lucky this guy was somewhat level headed and passive ... otherwise this situation could have been tragic. They were also both total idiots for not being prepared to tell the property owner exactly what their business was in coming on his land and what gave them the right to do so.

I don't like the fact that a government agent can just walk on your property and look around just because they want to ... but the Supreme Court has ruled that the areas surrounding your home in plain view of the public can be searched without a warrant.

 

[Texas Cop]

As far as I understand (Texas anyways) if this woman was some sort of inspector (Health, Fire, City, Building, etc.) and I think they touched on this in the AK forum thread, then she is allowed quite a bit more flexibility when entering and inspecting properties, and would have been within her limits. However, in this situation, I think it may have been best for the woman to leave and come back with court papers, it is obvious she was expecting problems as she brought the deputy with her. With that in mind, for my (her) own damned safety, I would've waited until a court told me to go back.

These personnel are generally not imposing any imprisonment or other punitive actions beyond maybe civil fines, therefore they have more latitude when working for the benefit of the populace. But without knowing exactly what her title was, and in what capacity she was entering the property, there's no way of knowing whether she was within the law or not.

That being said, I think I would've met her at the propertly line with a gun, had that been my property.


drew

 

[cvm4]

He wouldn't have been so defensive if he didn't have anything to hide. Plain as that...

 

[Electric Sheep]

I think I would have taped the video camera to the top of my shotgun and filmed from that perspective the whole time...

 

[waterboy]

He wouldn't have been so defensive if he didn't have anything to hide. Plain as that...

The point was he doesn't have to prove anything. The burden of proof isn't on him. If they had probable cause, a judge could issue a warrant. Otherwise he has a right to be left alone on his own property. Easy as that.