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4th Amendment Right Ignored By Indiana S...

An Indiana sheriff lets a health inspector trespass on a man's property without a warrant or probable cause.

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15 Comments

Current View: 15 / Show all Comments

Violetninja420 : LVL 38: VP 4.6: said:

Violetninja420

41 votes NegativePositive

170 days 20 hours ago...

I hope that health official realizes that any photographic evidence collected from this investigation will not be admissible without a pre-approved warrant.

thedude9009 : LVL 42: VP 5: said:

thedude9009

3 votes NegativePositive

170 days 20 hours ago...

At first, I was outraged. But apparently the property owner was incorrect.

I copy/pasted this from another site.

"Indiana Law:

www.in.gov/legislative/ic/code/title16/ar19/ch3.html
IC 16-19-3-7
Sanitary inspections and surveys; indoor air quality inspections; inspection of private property
Sec. 7.
(c) After due notice is given, the state department may enter upon and inspect private property in regard to the presence of cases of infectious and contagious diseases and the possible cause and source of diseases.
As added by P.L.2-1993, SEC.2. Amended by P.L.104-2003, SEC.3.

www.in.gov/legislative/ic/code/title16/ar19/ch12.html
IC 16-19-12-1
Violations
Sec. 1. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with the following commits a Class B misdemeanor:
IC 16-19-3
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.2.

The only person breaking the law here is the landowner."

Red Heaven : LVL 37: VP 4.5: said:

Red Heaven

20 votes NegativePositive

170 days 20 hours ago...

"You`re probably going to be on TV lady."

One better.

The internet. This incident is ridiculous. Who needs a fuckin` constitution, right? She has everyone`s safety in mind? That`s what every fascist says when they strip you of your rights.

I hope this guy gets some justice. Actually, I hope he gets to go to court and smile at this bitch while she gets her ass handed to her.

EDIT:
^
"After due notice is given"

After due notice is given is not "hey, I`m here, so it`s time to check out your place." It`s called notifying the householder ahead of time.

Due Notice: "Information that must be given or made available to a particular person or to the public within a legally mandated period of time so that its recipient will have the opportunity to respond to a situation or to allegations that affect the individual`s or public`s legal rights or duties."

thedude9009 : LVL 42: VP 5: said:

thedude9009

10 votes NegativePositive

170 days 19 hours ago...

^ Remember the landowner saying that the lady had been there the day before?

Just a guess, but I`m assuming that that was his notice.

As far as "a legally mandated period of time," I doubt it is very long considering an issue involving "contagious diseases and the possible cause and source of diseases" would be pretty fucking time sensitive.

I`ve only had a few college-level law classes, but this would make sense to me.

Believe me, it infuriates me to see gov`t officials abuse their power, but this does not seem like the case.

fish_and_rice : LVL 36: VP 4.4: said:

fish_and_rice

4 votes NegativePositive

170 days 19 hours ago...

^ thanks for the info. Before i read your post I was screaming "SHOOT HER!"

Red Heaven : LVL 37: VP 4.5: said:

Red Heaven

11 votes NegativePositive

170 days 19 hours ago...

^^
True, we may not be getting the whole story. However, it is just as likely that the woman felt she could just walk all over the place. And, since he chased her off, she brought the cops.

It this was as serious of a case as "contagious disease" or a "source of disease" I don`t think she`d be as silent as she was. In fact, if she had such cause as that, she could easily tell him that there`s a problem. Bureaucracy doesn`t just exist to annoy us, it has its purposes.

Not only that, but the guy seemed to be digging up holes anyways. Was he going to hit a main? Was he digging up in an old burial site? Would anything this serious and dangerous to the homeowner be left to ambiguity? Wouldn`t he be in danger if he was digging holes someplace unsafe? Cease and Desist Orders? And the cop is oddly blank on what`s going on?

Nothing. If she really had a good reason to be there this wouldn`t have happened. All she needs to do is go to her supervisor and request the documents needed and then return. All of this smells fishy so I have my doubts.

exploder : LVL 49: VP 5: said:

exploder

10 votes NegativePositive

170 days 18 hours ago...

Sucks, I wish the guy all the luck. They probably didn`t give him proper notice (hopefully something like 24hrs. written?). But he will have an uphill battle all the same. Remember that he has to hire a lawyer first, just to seek any justice. So, justice for the wealthy.

You can tell things are really bad when even cops say shit like

"if you have nothing to hide..."

Profoundly fucking pathetic and disgusting. Makes me want to puke and kill. But that`s where we`ve come to.

In Canada we make no pretence of private property. Any kind of official inspector (electrical, health, ?) can barge in, and even evacuate / condemn your house. They don`t need warrants or probable cause. You will have to live in a hotel while you fight in court for years to get any justice, and if you can`t prove it wasn`t dangerous, you`re probably just screwed. The only luck is that they aren`t outrageous assholes, and seldom if ever abuse this power. Still, not good.

Cadmius : LVL 31: VP 4: said:

Cadmius

11 votes NegativePositive

170 days 17 hours ago...

Due notice come in the form of a letter or document. showing up and saying, "Im here, and ill be here tomarrow" is not due notice. Oh MAN! that bitch is so fired! that dude is so going to win any law suit he takes. A first year civic lawyer could win this one.

ParticleMan420 : LVL 40: VP 4.8: said:

ParticleMan420

20 votes NegativePositive

170 days 17 hours ago...

this video is from 2006, is there a part2 or an update or anything?

Venomousvole : LVL 37: VP 4.5: said:

Venomousvole

Hidden (Show Comment) -21 votes

170 days 8 hours ago...

If he had nothing to hide, why is he shouting so we can`t hear her answers? he just seems like a real ass-hole, he`s not going to any lengths to let the viewer know why they are there, or provide anything to show that he should be trusted in any way.
And the cop did for a change!

paper : LVL 38: VP 4.6: said:

paper

18 votes NegativePositive

170 days 6 hours ago...

This is pretty old, does anyone have any info. about what happened afterward?

Edit: I found on a message board that claims he was installing an illegal septic system to his single wide trailer. Whoooo knowwwwws, maybe Indiana really cares about poopy.

Edit 2: I kept finding things about illegal septic tank installation.

thedude9009 : LVL 42: VP 5: said:

thedude9009

6 votes NegativePositive

170 days 1 hour ago...

^ I read this also, but didn`t mention it as I couldn`t find any evidence to sufficiently back it up.

justsumnewb : LVL 11: VP 2: said:

justsumnewb

4 votes NegativePositive

169 days 17 hours ago...

im not sure how u can say he is wrong. but they have to SHOW paperwork with a reason to enter

Gusthebus : LVL 29: VP 3.8: said:

Gusthebus

13 votes NegativePositive

169 days 17 hours ago...

This guy has dead clowns in his yard...

arville : LVL 29: VP 3.8: said:

arville

5 votes NegativePositive

169 days 15 hours ago...

The owner should have done what any good redneck american should have done and blew them both to hell with his shotgun.

"Git off mah prohpherty."

BOOM!!!!

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