May 6th, 2007 07:32 PM
Please have a look at this video and tell me what you guys think?
The following are a couple posts:
Indiana State Health Inspector law. IC 16-20-1-23 Inspection of private property; property in which officer has interest Sec. 23.
(a) Except as provided in subsection
(b), the local health officer or the officer's designee may enter upon and inspect private property, at proper times after due notice, in regard to the possible presence, source, and cause of disease. The local health officer or designee may order what is reasonable and necessary for prevention and suppression of disease and in all reasonable and necessary ways protect the public health.
(b) However, a local health officer, or a person acting under the local health officer, shall not inspect property in which the local health officer has any interest, whether real, equitable, or otherwise. Any such inspection or any attempt to make such inspection is grounds for removal as provided for in this article.
(c) This section does not prevent inspection of premises in which a local health officer has an interest if the premises cannot otherwise be inspected. If the premises cannot otherwise be inspected, the county health officer shall inspect the premises personally. As added by P.L.2-1993, SEC.3.
This Video Of Nature Was Recorded In LaPorte County, Indiana... Located In The Northern Part Of Indiana...
I Asked And Showed This To A Few Of My Law Enforcement Buddies And They Said As Long As There Is Probable Cause or Evidence Of Wrong Doing or A Complaint Filed To The Health Department, This Trespass Is Legal Without Warrant, But If The Information In Regards To The Complaint Is False, The Property Owner Has The Right To Sue Both The Sheriffs Dept And The Health Dept. For Illegal Trespass If Trespass Can Be Proven.
As We Can See Here, There Is Video Evidence By The Owner Of The Property That This Trespass Is Liable. FBI Told Me If The LaPorte County Sheriff and The LaPorte County Health Inspector Don't Have Evidence Against The Property Owner To Prove Wrong Doing, The Property Owner Has A Right To Sue Both Firms For Pliable Trespass Without Warrant.
In Other Words Their Screwed If No Evidence Is Found On The Property. GOODLUCK! To The Property Owner and Good Thing You Had A Video Camera!
May 6th, 2007 08:49 PM
Crime? What evidence of crime could be seen by anyone from the roadway? Or, what was the substance of this anonymous tip?
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May 6th, 2007 09:46 PM
Seems to me that the lady in the video trespassed onto the guys property and that the cop totally dismissed this illegal action.
I would be sueing based on what I saw.
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May 6th, 2007 10:18 PM
I didn't watch the video, but I have had a warantless search conducted on my property. The now former mayor hired some goon ("bilding inspector" was the official title on his card) to wander about and look for ordinance violations. To make a long story short, this goon got caught in my driveway digging through my cars. The cars in question weren't liscensed at the time, but they were in my name, and the taxes were paid up. Nothing was visible from any public property. The only thing I got out of complaining was a statment from the Mayors office that said words to the effect of "we will do whatever we want, and there is nothing you can do about it. I got a notice tacked on my front door telling me I had so many days to "dispose" of legally owned property. I couldn't keep them even if they were out of sight on my own property.
What makes it worse, are they refused to make the ordinances available to the public, but you can be fined, and or have items forcibly removed from your property if your fail to obey them. I have rarely been that angry, and hope I never have cause to be so again. Thank God, that our new mayor, while a lame duck isn't a Nazi like the last one.
Last edited by GoodSamaritan; May 6th, 2007 at 10:24 PM.
May 6th, 2007 10:23 PM
Originally Posted by lscurrier
May 6th, 2007 10:33 PM
The problem here is all it takes is one neighbor filing a false complaint about something that basically does not exist, n you get one overbearing little POS of a gal that wants to push here Preima-Vera authority around.
No I do not live any where near this but have a real **** head of a neighbor that dropped a Mobile home used as a residence against zoning codes, is in violation of at least 4 state laws that our township chose to ignore.
Then the township allowed him to erect a permanent structure on his land which is a violation, is running a private business which is violation of local zoning, has a driveway that is in violation of county code, and is very likely doing something else very illegal as evidenced by the high traffic in and out of his home, (upward of 30 cars a day).
So he decides he dose not like my chickens that have been back field for over 20 years, which took me a while to figure out why... when we go back to feed and care for the animals we can see inside his garage and some real suspicious stuff has gone on, so he files a complaint that this real little Fermi Nazi of a zoning administrator decides to take up the "we want this to be residential not farm land" banner and literally harasses me until I make the "If I see her one more time this is your only notice that I will consider her presence criminal harassment, and My lawyer and I will own this township" call. N they still refuse to even look at his goings on.
I have owned this land for over 30 years when it was all zoned farm land. So believe me after this bull I can see and feel where he is coming from.
"The sword dose not cause the murder, and the maker of the sword dose not bear sin" Rabbi Solomon ben Isaac 11th century
May 7th, 2007 01:13 AM
Originally Posted by Dihappy
Yes, sort of... if they are acting in good faith they are OK. I had this same debate via PM, here is what I said...
Why there was no wrong doing... the health dept. lady was there to inspect suspected tampering/altering of septic and water systems.
Evidence of this was clear from the street or adjacent property. No warrant is needed if there is reasonable suspicion of a violation being committed. They clearly had this. Either septic or water effects the safety and health of others, she has a duty to inspect.
Does a building inspector who sees someone putting an addition on his home without a permit need a warrant to inspect said building? No. Its the same thing.
The health dept. enjoys a few more liberties when it comes to inspecting county owned water lines and septic systems due to the fact that both can effect the health of the general public.
If you watch the video, clearly the mounds of dirt are from large holes being dug, one can only assume its in the area of the trailers septic system, the health dept. would know exactly were it is.
These holes are clearly visable from the road way, and I'm sure it would also be visable from a adjoining property.
Using your logic, the water meter guy would need a warrant each time he comes to read your water meter.
I'm not arguing for the states right to trample anyones rights, its just frusterating to me how many people dont know what their rights are and are not...but they think they do and end up in trouble.
May 7th, 2007 02:07 AM
I can't believe that I sat through 5 minutes of video just to confirm what I suspected within the first 30 seconds. The man was more than likely altering his septic system illegally.
Its a public health and safety issue, and they can enter and inspect with reasonable suspicion, and from the size of those dirt piles, reasonable suspicion was probably quite clear from the road.
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May 7th, 2007 02:23 AM
Oh yeah, just to be clear, a complaint from another citizen alone is not enough to take any action other than investigationing the complaint. The other elements need to be there before any further action is taken.
May 7th, 2007 09:08 AM
He obviously needs a permit to alter his septic system.
The unfortunate truth of my own character, is that if I were him, I'd have gone to jail that day.
May 7th, 2007 09:42 AM
As a health officer, we have to have probable cause or for a routine scheduled inspection to enter private property. From what I saw there was enough cuase to call the Sheriffs office and conduct a search.
Yes if I have to inspect private property, due to complaints then I will call the sheriff after my investigation has given me probable cause.
Now I work with Diease Control not water quality, but the process is the same. If some one is to be arrested as a danger to public health I have to get a warrent and then have a deputy serve it with me.
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― Robert A. Heinlein,
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