Any lawyers in the house?

[Guest H.A.V.0.C]

I just want to know if he could have legally shot her?

 

 

http://www.yourdailymedia.com/media/1178188840/Health_Inspector_Trespassing_

[Guest [APC]Swifthawk]

Found a few things....

 

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.

 

ALSO

 

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.

 

 

In short, both the police officer and inspector were wrong to enter the property based on suspicion alone. I heard that the lady had a "report" about the yard, but refused to show it to the officer. Indiana is one of two states that allows homeowners to protect their property with use of deadly force. Because the no tresspassing signs were posted in multiple locations around the yard, both the inspector and officer would have to obtain warrants to step foot on property unless there was a direct probable cause or violation of law occurring.

 

I side with the guy, although he would lose any case in which he sued for money. During the video he made the comment "I'm gonna get rich from this" Any judge would immediately drop the case because of this. His suing the woman just to make money (which was his stated intent) would be tossed out the window in a court of law.

 

 

Either way I see the homeowner in the right here... both the officer/inspector should be more aware of their national and state laws. Civics 101 people...

 

Swift

[Guest H.A.V.0.C]

Damn... thanks bro, that was very informative.

[SOTG Zero]

Damn.. I wanna see what happens.. It left me hanging. Any extra parts or anything?

[Guest H.A.V.0.C]

Nope sory...

[BigMoneyNacku]

 

Well it looks like the guy was putting in a new septic system. If he was without a permit, then that is probable cause for the inspector. I really don't believe he was "just moving dirt around" like he said he was. Who knows what the whole story is.

[Deutscher75]

 

Well it looks like the guy was putting in a new septic system. If he was without a permit, then that is probable cause for the inspector. I really don't believe he was "just moving dirt around" like he said he was. Who knows what the whole story is.

 

even if the dude was putting in a septic system, he doesnt need a permit for doing so. A private owner doing work on his property is allowed without a permit, it is only when an outside contractor is used that a permit must be obtained for the work, primarily the permit exists so that responsibility for any mishaps or bad installation can be put on the right people, and for taxation purposes. The guy could very well legally install that septic system and nothing could be said about it, until he started using it. In which case before he could even begin using it he would have to have an inspector from the city or county come and approve the installation and pass it off as a safe usage item.

 

Septic systems fall under the same coding as all sewer, electrical, pool, housing additions, and garage installation does. So the guy was doing nothing illegal and he could have said he was installing a septic system to be inspected at a later date, but he didnt have to, as long as he reported that he had installed one and he had it inspected afterwards, he would bear NO legal obligation and would be innocent unless he used the installation without proper inspector approval or he used it after failing the inspection by the inspector, or he got in trouble with the EPA for something in regards to how the disposal of the waste was occuring.

 

D75

[BigMoneyNacku]

 

 

I'm not so sure thats the case D. I am in the business, and all the states we do work in have changed building codes within the last 10 years. Most states require you to pull permits to change your own hot water heater, windows, and plenty of other DIY projects. I had to pull a permit last year to change out some shingles on a small shed I updated in my yard. It really is bullshit, but it seems that is the way everything is going.

 

Problem is too many retards fucked it all up for competent homeowners.

[Guest [APC]Swifthawk]

FYI

 

He was putting in a new septic system.

[Deutscher75]

yeah I know he was putting in a septic, and i know that permits arent required in Ohio for DIY stuff, the State of Ohio tried that shit and then the too many people bitched and the laws were changed back.

 

D75