Posted on 05/04/2007 12:11:48 PM PDT by bad company
I would seriously doubt that an inspector can just walk onto your property.
I know here in St Petersburg, FL they cannot. If you fence your property they are not even allowed to touch your fence. They can look over etc. but they are not allowed to simply walk onto your property.
It would depend on what brought the health inspector to the guy’s house. The administrative exception the 4th Amendment might apply to as to why the lady was on the property.
I think they're all taught that line in cop school!
Anything discovered during this illegal search would be ruled inadmissable.
My urologist was a big fan of Password, but of the (later) Bert Convy and Gene Wood years (Super Password). In fact, he’s got a sign (almost like a poster) of Gene and Bert hung up in his office. Under their heads is the caption “The Password is ‘Scrotum.’”
OK, I just made that up, but it would be kinda funny.
Since this jamoke is not the County Sheriff, merely the deputy, he has no right to allow the trespass. Furthermore the homeowner has the right to bear any arms he may have. The deputy should be fired and the State should get sued.
The property ower sounds like he's hiding something.
The homeowner is trying to be his own lawyer, and he is legally wrong. Period. Assuming the woman was there to investigate a health hazard, a warrant was most probably not needed.
Warrantless entry is permitted in many cases. Some examples are reasonable belief that certain crimes are being committed. that flight from some categories of crime might occur, that certain evidence may be damaged or destroyed, that certain public health dangers or risks exist, that game animals taken illegally are present, that child abuse or other activities are present. that certain categories of fugitives are present, certain Customs or Postal violations have occurred, and a number of other conditions.
It appears there was no illegal trespass here. Ergo all protests are moot as fruits of a tainted tree.
In addition, there is no “constitutional” requirement for the woman to identify herself to him other than to present reasonable identification of her status as a person authorized to take action in paragraph three above.
The only identification legal requirement is for the videographer to properly identify himself if requested to do so by the LEO.
In addition, videographer’s claim that he feels his life is in danger illustrates behavior not commensurate with the actions of others shown on the video. He sounds like someone trying to pick a fight.
In addition, videographer seems sober, so he does not have the “drunk defense.” Show that video to the wrong judge and say hello to a Baker Act hearing.
This is not a question so muck of legalities as it is of macho and stupidity.
the County Sheriff is the highest ranking ELECTED law enforcement official...
That's why he has the authority.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
please see #27
Unless it is a migrant labor camp, then the health inspector has the right to enter (F.S. 381.0088) and the Sheriff has the duty to fully assist (F.S. 381.0012(5)). They do have the right to apply for a warrant under Chapter 381. I’d assume Indiana has something similar.
I had a proctologist once who was a huge Paul Lynde fan ("Let's see the center square..."), butt I stopped going.
I’m no attorney but it seems to me If what you say is true then the whole idea of “private property” is a moot point. If non emergency type government officials in non emergency type situations can force their way onto your property without a warrant then the Constitution really is just a GD piece of paper.
If he was doing an illegal septic system without doing a perk test then he could be putting it right over a split rock face that could allow the raw sewage to go strait down into the water supply of both his and his neighbors. I know this because it happened to us years ago, and they ruined one of our wells.
I really hope if the Conservation Officer here in Indiana decides to inspect his freezer he tries this same argument, as much as I don't think it's fair his butt would be sitting behind bars trying to stop them from doing a search.
From the video I would surmise that this is the reason for the public official demanding access to the property. Since the official is not wearing a Hazmat suit or any type of protective equipment, does this meet the 'certain public health dangers' requirement? The woman did not appear to be concerned for her health or safety or worried about whatever she might encounter, so wouldn't a warrant or other court order have been desirable in this situation? Public officials can and do abuse thier powers from time to time. Remember BTK.
>>> I’m no attorney
That’s ok, I am. The mistake here is common and comes from two facts.
#1, Warrants are applicable in many criminal situations, but not civil, which is what a health department inspection is. In addition, civil can progress to criminal, as in a customs border inspection or driver’s license check becoming a DWI arrest.
#2, In addition, there are certain exceptions to the rule, as there are to every rule. I’ve listed a number of them above in #27. It’s not just search and seizure issues. Who would believe that the 2d Amendment permits a psychotic convicted felon to hold a gun in his hand and demand to stand next to the President, even in a public place?
Does a newspaper editor have a right to print under FOP that you were convicted of molesting children because your daughter beat out his daughter for the position pf Homecomming Queen? Of course not.
>>> the Constitution really is just a piece of paper
Actually, that’s totally true. It is a piece of paper, a set of written rules that we have all made a social contract to live by. because it is an “agreement,” that’s why it is so pure and powerful. No King decreed it. A bunch of smart men agreed to it, and we have since. When there are questions about what it means, men and women we appoint settle those disputes.
The power of the Constitution is not in the paper, or even its words. Its power and purity come from us, “We the People” who agree to be governed by it.
Back in my New York reporter days, NY State Troopers would often bring a CO along (they called them “Fish Cops”) on some raids.
Instant access.
Ever look for a poached deer in Appartment 17G at 128th Street and Amsterdam Avenue in Harlem.... at 4:00 AM?
Loads of fun. :~)
>>> wouldn’t a warrant or other court order have been desirable in this situation?
That is the smart move. Retreat if it is some “septic tank” issue. No legal requirement to do so, but why not.
Get a proper Court Order. Come back with 5 cops... and then if he tries to be an Melvin Belli AH, take him for OGA.
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