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What would you have done ?

Discussion in 'Legal' started by cyanide, Aug 22, 2006.

  1. cyanide

    cyanide Well-Known Member

  2. bigcim

    bigcim Well-Known Member

    let my dogs out
  3. cyanide

    cyanide Well-Known Member

    She could have taken pictures from the road

    cop was negligent in his duties allowing her to do what she did.
  4. ceetee

    ceetee Well-Known Member

    I would have made several copies of the tape, locked up the original securely, and called the best attorney I could afford.
  5. Pilgrim

    Pilgrim Well-Known Member

    In which role?

    It appears the health inspector was not aware of her options and was expecting the presence of an armed deputy would solve her dilemma. The deputy wasn't familiar with the law the health inspector was attempting to enforce and therefore couldn't help her.

    It looks to me the homeowner was doing just fine. If the deputy decided to throw his weight around, it would have been a good idea for the homeowner to go along while voicing his protest loudly.

    I didn't see the entire eight + minutes. The tape quit after about three minutes.

    I went down this road once with a fire battalion chief who demanded I arrest a home resident who didn't want a contractor to enter his property and disc under weeds in compliance with a fire prevention ordinance. The battalion chief couldn't provide the ordinance he wanted me to arrest under and was unwilling to make the arrest himself.

  6. cyanide

    cyanide Well-Known Member

    I have been down this road may a time

    Mental heath workers wanted me to pink slip a eccentric , and I would not

    not unless they were a threat of harm to themselves or others.

    Being different isn't against the law or wrong in America, they all hated me. I would tell them to go to court and have them probated if they thought I was wrong.

    Note: they never did.

    Cops got to think for themselves and do what is right, not side with other agencies just because they are a government agency.

    Least I did.
  7. Wastemore

    Wastemore Well-Known Member

    Continue protesting in a non-violent manor and get a good attorney.

    Problem is, the courts tend to protect public officials.
  8. cyanide

    cyanide Well-Known Member

    Because the Judges have lost the way, not seeking justice, but trying to keep political ties strong and keep government working for the politicians not the people.
  9. highdesert

    highdesert Well-Known Member


    Arrrggghhh that was frustrating to watch. Hopefully the guy prevails in court. Of course the taxpayers of Indiana will foot the bill. If bureaucrats were held personally liable for their actions they might worry more about staying on the right side of the law.

    Edit to add: letting dogs out probably would result in OC'ed or shot dogs. No good options other than a video camera.
  10. Jeff White

    Jeff White Moderator Staff Member

    Move the thread to legal and political is what I'll do, this is off topic here.

  11. TheArchDuke

    TheArchDuke Well-Known Member

    In the comment section of the video, the cameraman said that no lawyer would touch it and he's out of luck. No one will help him.

    He also said that the reason she was there is because someone called in on him. The reason they called in on him? Because he outbid them on the land.

    That's what warrants are for.
  12. Frog48

    Frog48 Well-Known Member

    Thats absolutely frustrating to watch. That woman obviously was either ignorant of the law, or terribly arrogant (or both).

    And I hate it when people pull the line "If you have nothing to hide, you wont mind". Like the guy said on the video, thats not the point. Its a matter of principle.

    It really sucks that people are treated as criminals because they wish to exercise their rights. The government hates that, because it requires them to actually do their job, instead of conceding and giving them the easy way out.
  13. joab

    joab Well-Known Member

    The only picture she would have gotten would have been of my face or butt.
  14. jashobeam

    jashobeam Well-Known Member

    Could someone explain what happens in the tape?

    I can only get it to play for 2 minutes, 21 seconds; then it freezes.
  15. Liberal Gun Nut

    Liberal Gun Nut Well-Known Member


    First, the guy IS in fact a nut. However, even nuts have rights and the law protects nuts.

    He would have been totally fine using reasonable force to remove her from the property. It was trespassing. He showed restraint.

    I hope he does have a good lawyer because I think he could bust her for trespassing, etc.

    In his situation I would have called the police and complained of trespassing I guess.
  16. Wastemore

    Wastemore Well-Known Member

    I'm not sure why he didn't request the deputy place her under citizens arrest for tresspassing.
  17. Sindawe

    Sindawe Well-Known Member

    Those studied in the Law feel free to interject and correct my errors. :D
    One word. Curtilage.

    I've not the references on hand at the moment, but as I recall only the area immediately around one's home is considered "Sacrosanct" with respect to the 4th amendment protection against "unreasonable" searches. That is the curtilage around your home. Outside of that, government agents are free to roam at will across one's property. :scrutiny: Something to do with the right of free passage w/o ill intent and such.

    Unfortunately, even that looks to have forgoten these days...

    Even with that sad fact in mind, I'd 'prolly do my best to ensnarl that harridan of a civil servant in a gnarly mass of red tape and legal manoeuvring. Swear out a complaint of trespass. Deputy Doughboy as well if he refused to hear my complaint against the employee of my servant.

    Beyond that, well....
  18. Jeff White

    Jeff White Moderator Staff Member

    Before everyone starts screaming that the fourth amendment is dead, I suggest someone figure out where this happened and check the laws and what powers health inspectors have.

    In many cases the law that created the health department (or other regulatory agency for that matter) also empowered the agents of said agency to enter private property without a warrant (usually as long as it's at a reasonable hour) to conduct compliance inspections. In other words, you can't keep em out.

    I'm not saying it's right, but it might be legal. And you'd certainly lose any action you started and get your fourth amendment violation argument laughed out of court.

    Everyone from health department inspectors to animal control officers, to fire and housing authority inspectors has the power to enter without a warrant in most places.

  19. cyanide

    cyanide Well-Known Member

    As a former LEO

    I have found laws are pretty much similar throughout the country

    true there are some differences , but for the most part some things like the US Constitution on search and seizure can not be vetoed by a State Law.

    What rights a person may have are already spelled out in the Constitution,
    yes that pesky document that all JBT hate .

    I may be wrong though the country is changing so much so fast, and not for the good ?
  20. cyanide

    cyanide Well-Known Member

    Not so

    they have the right to enter private property for public use like that ie: malls

    But not private property ie: homes.

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