Gotta love the use of the scapegoat of scoundrels, "If you have nothing to hide."

get the fuck off my property

Tags changed from "illegal" to "illegal, constitution, property, rights" by gold star member bizinichi.

Shout-out to Indiana!

Open fields doctrine is a little bit 'un-comprehensible', and because this is the guy's driveway and basically the front and side yard surrounding his house I'd think he'd have a reasonable expectation of privacy and protection from searches like this. Would be more clear-cut if his yard were fenced-in.

(see 'Distinguishing Open Fields from Curtilage' here: http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution#Open_fields_doctrine )

If something on his property posed imminent danger to neighbors, maybe they'd be cool to go on like this, but seems like they're just following a lead from a neighbor who didn't like the noise this guy was making moving dirt around (and being crazy).

well.. what happened after?

Hmm, I've tried finding out what happened and it would seem his property ended up being condemned. He was making an unauthorised septic tank as best as I can gather.

The way I see it, he may or may not have had the right to tell her to get a court order, she may or may not have had the right to come onto the property without one... BUT.

From the way he talks in this video, from the way he's written on that link I posted, you can tell he's one of those 'not quite all there' guys who is obstinate and not at all helpful to others. With anyone who was slightly more normal I'm sure this whole thing would have gone down much more nicely.

My guess is that the woman and the deputy know this guy a bit from prior things and are pretty much fed up with him and his issues... basically you can't just build a septic tank of your own design on your property and not expect there to be interest from the health department.

Basically he's a bit of a loon.

hm... yeah. sucks for that guy.

it mentions a septic tank in the ebay description as if its working fine. maybe there was runoff into his pond and whatever from his random excavation work.

"If ya have nothin ta hide..."

Why didn't they just go and get the friggin warrant?

Answer: they didn't have to.

The guy sounds like Tommy Chong. But he's right. Get a warrant or get lost.

hm. well he may be a bit off his nut and obstinate and building an illegal septic tank but none of these things have any bearing on whether 'he may or may not have had the right to tell her to get a court order'. you ALWAYS have that right unless there is an obvious and immediate threat to the saftey of a person on the property. even if he lost the case against him for building an illegal backyard shithole he still has a case against both the woman and the cop for trespass.

That gal looks attractive, but dang blurry video.

LOL.. health dept. does have the right to inspect your property. I would assume if you made a stink, they would come back with a judges order.

FYI, in some states surveyors have the right to go onto ANY and all property if they need to survey stuff in an official capacity.

funny, so he was doing something illegal after all that fuss he made? No wonder he was so adamant to get it on tape and make his point clear....multiple times. I agree with his point that they were intruding without proper authorization, but did he have to keep being so defensive and rude and continue to raise his voice over theirs?

either way...good times. human conflict is funny.

Well, it probably wouldn't have been that big of an issue to get a warrant and then everything would have been fine and dandy. I doubt he would have been able to hide a new septic tank by the time they got back. I mean, who is he? Saddam Hussein?

Smooth and subtle as always, ant.

i love this guy. he knows his rights, most people would just go "well sure, i guess if i have nothing to hide." my dad is just like that guy. this vid is great, don't let them take away your freedoms.

" you know lady, you got some big balls"


hahhahahahahahaha

" I agree with his point that they were intruding without proper authorization, but did he have to keep being so defensive and rude and continue to raise his voice over theirs?"

Anything after the phrase "intruding without proper authorization" is completely beside the point. WTF... so you have to politely protest a health inspector violating your rights while a police officer watches?? Jesus, no wonder we have legalized torture, the suspension of habeas corpus and the Patriot Act in this country.

my property...my property...

This dude sort of reminds me of the stapler dude from Office Space on steroids.

Yeeeeaaaaahhhh... I'll just get that from ya... Thaaaaaaanks.

I'm not 100% whether the people in this video were in violation or not, but I do know this: Health Inspectors have WAY more power than people realise. If you have any kind of license at ALL, chances are good that a health inspector can demand to inspect any part of your property at any time. Same thing for fire marshalls.

from some website

State of Indiana Vs Robert Trimble, appeal from Jennings Superior Court Indiana to the Indiana Supreme Court....... Indiana State Supreme court ruled officer seeing crime / evidence from public that any public citizen could see, investigating a tip of a crime, including parking car in driveway to walk to the home, is allowed to warrantless enter the premises ( yard ) to investigate further. Court further states that officer entry onto private property and their observations do not violate fourth ammendment when they have a legitimate investigatory purpose for being on the property limitting thier entry to places visitors would be expected to go. Indiana Supreme court decided ruled on this type situation 02-21-2006. Also mentions timely tip from a person and health / safety of others.
The Deputy could have walked with the woman to investigate any health hazards to the public


think a locked fence and gate would have saved him?

I would have had a gun visible and made the statement that I was willing to protect my property from illegal trespass. Least it would have forced the court order proceedings.

Cool thing is though, when they go to the courts to get an injunction against his waste management apparatus, his lawyer should be able to have all their evidence thrown out.




ps. To Ant: She ain't pretty, she just looks that way.

I think thats the most annoying woman I have ever seen on the sift, surely thats saying something?!

You guys need to educate yourselves on the law.

He has no right to keep someone off of his property.
The "constitution" and the Indiana laws do not let him keep people off of his property.
They let him keep them out of his house.

He should have been arrested for interfering with an investigation.
Period.

The law states that inspections do not require a warrant.

The guy on the video is a bafoon.

This is so vapid and stupid. This guy is a lunatic. Period.

This is not about trespassing rights, just someone who has too much time on his hands. I hope a fire breaks out in his house and he does this with the fire department.

BatmanX, Farhad2000, (serious question here - nothing snide) So if I buy a 10 acre lot with no buildings on it, and I post "POSTED - NO TRESPASSING" signs all the way around the perimeter, people are free to ignore them?

Hehe...the guy is probably a serial killer burying bodies in his front lawn.

fyi BatmanX is a Minneapolis Police Officer trainee so it's not surprising he'd support warrantless searches. What he really means to say is that people have no rights, especially the ones who aren't the right color.

So the guy knows what the law says, but not what it means. She had plenty of right ro be on the property because he was breaking the law by installing a septic tank, which is a health violation.

That was not an illegal tresspass.

Tags for this video have been changed from 'illegal, constitution, property, rights' to 'not illegal, constitution, property, rights were not violated' - edited by MarineGunrock

But God, that Sherriff was a moron and a push-over.