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Laws concerning individual property rights?

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  • Laws concerning individual property rights?

    I watched this video, and the whole while all I could think was how horrified this man's voice sounded when the local Sheriff and health Inspector just marched on his property without probable cause. Now, I really do have no understanding of individual property rights (this guy seems to know Indiana's quite well) and I know this is a fierce bone of contention in Canada, and doubly so in the US because of the Constitution. What the heck is happening in this video here, besides the guy expressing just how violated he is, who knows property rights well enough to comment?

    http://www.break.com/index/sheriff-a...respass2b.html

  • #2
    Re: Laws concerning individual property rights?

    I tend to think this guy's complaints of Tresspass probably aren't going anywhere. However, he probably does have a pretty good case to get anything she finds thrown out of court if they try to fine him for some violation. They do need a warrant to search his property for evidence of his wrong-doing.

    Standard procedure is that inspectors sometimes show up without warrants to search businesses, and businesses voluntarily allow it because that way the inspector tends to be more forgiving than if she had to get a warrant. But you can force them to get a warrant first before searching, they'll just probably throw the book at you afterwards if you do.

    In this case, the inspector forgot the part about "if he insists on a warrant, I can go get a warrant", so she's definately going to lose this one in court.

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    • #3
      Re: Laws concerning individual property rights?

      Regardless of the result, I do adore the sheriff's use of the "If you have nothing to hide..." line.
      [squadl]
      "I am the prettiest african-american, vietnamese..cong..person." -SugarNCamo

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      • #4
        Re: Laws concerning individual property rights?

        Mind if I take a look inside yer car?

        No? What, ya got some drugs in there?
        A policy of freedom for the individual is the only truly progressive policy. -F.A. Hayek

        "$250,000 a year won't get me to Central Park West."

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        • #5
          Re: Laws concerning individual property rights?

          Yeah, its a classic line they try all the time. And it sounds good, but legally it doesn't work. Try that in court and they'll laugh you right out.

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          • #6
            Re: Laws concerning individual property rights?

            Without knowing the circumstances, I'd have to side with the cameraman. Actually, thinking about it, I'd absolutely side with him. On private property, a warrant is required to perform a search or even ENTER the property once the owner has denied consent. The sheriff's deputy better have his iron underwear ready because he went along with what the woman said she "thinks" she can do instead of checking with his superiors to find out what the real deal is.

            It looks like this guy has a big settlement coming his way. Its not just wrong, it's a constitutional violation.

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            • #7
              Re: Laws concerning individual property rights?

              From watching the video the search may not be illegal if it falls under the guidelines of the Open Fields Doctrine or Plain View Doctrine.

              There are a lot of things we don't know other than the inspector suspected that there were health code violations. If this is something that could be seen easily from the street or actually outside of curtilage the search is legal. There is a lot we cannot see in this video (which structure is the actual dwelling, if there are any other property delimeters (aside from his "property post"). I am not saying the search is legal...just that it could be.

              Of course, all that being said...this was not the way to go about doing this. If she was denied the first day, she should have come back better prepared the next time.

              It's funny, in nine years of law enforcement my biggest fear is not getting hurt or killed...it's violating the 4th ammendement or 5th ammendment and having evidence excluded.
              Last edited by loyalguard; 05-04-2007, 06:09 AM. Reason: Typos.
              LoyalGuard

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              • #8
                Re: Laws concerning individual property rights?

                Originally posted by SmokingTarpan View Post
                Regardless of the result, I do adore the sheriff's use of the "If you have nothing to hide..." line.
                We all know it doesn't matter, but I'll tell ya, I use that line at work, too.
                Originally posted by loyalguard View Post
                From watching the video the search may not be illegal if it falls under the guidelines of the Open Fields Doctrine or Plain View Doctrine.

                There are a lot of things we don't know other than the inspector suspected that there were health code violations. If this is something that could be seen easily from the street or actually outside of curtilage the search is legal. There is a lot we cannot see in this video (which structure is the actual dwelling, if there are any other property delimeters (aside from his "property post"). I am not saying the search is legal...just that it could be.
                Regardless of whether or not evidence seized in this trespass will be constitutionally admissible, I think it's pretty obvious that we saw a criminal trespass take place, and that the Sheriff's deputy not only ignored it, but he actually sanctioned the crime. I'd like to see them both get fired.
                It's funny, in nine years of law enforcement my biggest fear is not getting hurt or killed...it's violating the 4th ammendement or 5th ammendment and having evidence excluded.
                That's the truth. And, honestly, that's the way it should be, but not in such a fearful way. I'm afraid of being sued for millions, not over something as obvious as this video, but for something that I wasn't aware of or something that I was lied to about...
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