If they are so sure a crime is in progress, let them swear out a warrant before a judge.
Best regards to all,
Hate to tell you Sheriff when you were sworn in you took a pledge to honor the constitution of the US. Its an oath given to people who are applying for citizenship.
I just find it amazing that he isn't even bright enough to call the county's legal counsel or the prosecutor's office, or someone that should know the law, especially consider that the guy is recording them.
It even appears that the Sheriff is there because the health inspector asked for his presence after being told to leave the day before.
So what was the outcome of this? Film was evidently taken during the winter. No leaves on the trees and “lady” was wearing a coat.
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.
http://www.in.gov/isdh/regsvcs/saneng/laws_rules/410_iac6_10.htm#D
What the hell does she want? Is he running a restaurant? Is he putting in aseptic tank? Not nearly enough info.
Not a terrible problem: Indiana has both a VERY strong *Official Misconduct* statute that makes illegal or unconstitutional activity by a poublic servant a felony, but also a provision for the removal from office of an elected official- to include a sheriff- who fails to perform the duties of his office, to include overlooking felony conduct by another public official.
Even better: A repeat of the same illegal act of Official Misconduct qualifies as a *Racketeering offense* under the Indiana state RICO statute, and governmental entities can be determined to be Racketeer Influenced Corrupt Organizations just like any other criminal gang in a state court action that ANY affected Indiana resident can file. And, happily, the Indiana-based Citizens for Accountability in Government has helped citizenjs with such acts before.
IC 35-44-1-2
Official misconduct
35-44-1-2 Sec. 2. A public servant who: (1) knowingly or intentionally performs an act that the public servant is forbidden by law to perform;
(2) performs an act the public servant is not authorized by law to perform, with intent to obtain any property for himself or herself;
(3) knowingly or intentionally solicits, accepts, or agrees to accept from an appointee or employee any property other than what the public servant is authorized by law to accept as a condition of continued employment;
(4) knowingly or intentionally acquires or divests himself or herself of a pecuniary interest in any property, transaction, or enterprise or aids another person to do so based on information obtained by virtue of the public servant's office that official action that has not been made public is contemplated;
(5) knowingly or intentionally fails to deliver public records and property in the public servant's custody to the public servant's successor in office when that successor qualifies; or
(6) knowingly or intentionally violates IC 36-6-4-17(b);
commits official misconduct, a Class D felony.
As added by Acts 1976, P.L.148, SEC.4. Amended by Acts 1977, P.L.340, SEC.54; Acts 1980, P.L.73, SEC.2; P.L.34-1992, SEC.2;
IC 35-45-6-1
Definitions
Note: This version of section amended by P.L.173-2006, SEC.53. See also preceding version of this section amended by P.L.151-2006, SEC.17.
35-45-6-1 Sec. 1. As used in this chapter:
"Documentary material" means any document, drawing, photograph, recording, or other tangible item containing compiled data from which information can be either obtained or translated into a usable form.
"Enterprise" means:
(1) a sole proprietorship, corporation, limited liability company, partnership, business trust, or governmental entity; or
(2) a union, an association, or a group, whether a legal entity or merely associated in fact.
"Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering activity that have the same or similar intent, result, accomplice, victim, or method of commission, or that are otherwise interrelated by distinguishing characteristics that are not isolated incidents. However, the incidents are a pattern of racketeering activity only if at least one (1) of the incidents occurred after August 31, 1980, and if the last of the incidents occurred within five (5) years after a prior incident of racketeering activity.
"Racketeering activity" means to commit, to attempt to commit, to conspire to commit a violation of, or aiding and abetting in a violation of any of the following:
(1) A provision of IC 23-2-1, or of a rule or order issued under IC 23-2-1.
(2) A violation of IC 35-45-9.
(3) A violation of IC 35-47.
(4) A violation of IC 35-49-3.
(5) Murder (IC 35-42-1-1).
(6) Battery as a Class C felony (IC 35-42-2-1).
(7) Kidnapping (IC 35-42-3-2).
(8) Human and sexual trafficking crimes (IC 35-42-3.5).
(9) Child exploitation (IC 35-42-4-4).
(10) Robbery (IC 35-42-5-1).
(11) Carjacking (IC 35-42-5-2).
(12) Arson (IC 35-43-1-1).
(13) Burglary (IC 35-43-2-1).
(14) Theft (IC 35-43-4-2).
(15) Receiving stolen property (IC 35-43-4-2).
(16) Forgery (IC 35-43-5-2).
(17) Fraud (IC 35-43-5-4(1) through IC 35-43-5-4(9)).
(18) Bribery (IC 35-44-1-1).
(19) Official misconduct (IC 35-44-1-2)