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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 05-04-2007, 11:15 PM
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Trespassing?


This happened in Indiana.

I'm very confused as who has the right to do what in this video showing and incident in Indiana where a health inspector trespasses on private property while law enforcement officer looks on.

Was this legal? It appears the woman ignored one of the most important constitutional rights of the country.

[url]http://youtube.com/watch?v=vVACCaVxYEk[/url]

Has anyone seen this on news or any other media yet?
  #2  
Old 05-04-2007, 11:53 PM
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Quote:
Originally Posted by osade View Post
This happened in Indiana.

I'm very confused as who has the right to do what in this video showing and incident in Indiana where a health inspector trespasses on private property while law enforcement officer looks on.

Was this legal? It appears the woman ignored one of the most important constitutional rights of the country.

[url]http://youtube.com/watch?v=vVACCaVxYEk[/url]

Has anyone seen this on news or any other media yet?
She was doing her job...She did nothing wrong. A Health Inspector has the right to come on to your property to investigate.
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  #3  
Old 05-05-2007, 12:03 AM
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Quote:
Originally Posted by baystategirl View Post
She was doing her job...She did nothing wrong. A Health Inspector has the right to come on to your property to investigate.
I thought that only pertained to business...?
  #4  
Old 05-05-2007, 02:43 PM
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If the woman has an exigency that permits her to enter without a warrant, then she can certainly enter the property. Without knowing her cause no one here can say whether she had cause or not. If it is in the course of her employment, and there is good cause to believe there is a health problem, then yes, she can come on the property.

One alternative would be to have secured the property and removed the property owner until a warrant could be obtained. The recorder might well have that happen to him next time.

Just from what little I saw of the property, there may well be some concerns for health and safety - perhaps fire issues as well.

If he thinks he has a case, great - talk to an attorney. Given the lack of damages, I doubt an attorney will do much with it, but he is always free to try. And if he has the funds, he can always pay an attorney to file motions and lawsuits against whomever he pleases.

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